Writ of Mandamus Can Help You Have Asylum Interview Quickly
Updated on 03/18/2023
Before 2018, the USCIS’s asylum interview arrangement method was “first in, first out”, which means USCIS shall schedule an interview in the first priority for asylum applicants who submitted their applications first. Starting from February 2018, the USCIS changed such interview arrangement method and adopted “last in, first out”. That is, those who submit their asylum applications later will be interviewed first. This directly caused those who filed I-589 asylum applications before 2018 to wait for many years without being scheduled for an interview. In addition, over the past two years, the pandemic of COVID significantly affect USCIS’s speed of case processing and thus exacerbate the case backlog.
What’s end up for asylum applicants who have waited for 3-8 years without an interview? Abandon the application to leave the United States? Now, there is a way to speed up the interview—writ of mandamus.
Writ of Mandamus is a judicial remedy in the form of a court order, urging government agencies to perform their obligations or correct the “inaction” of government agencies. In respect of asylum applications, writ of mandamus can be understood that the asylum applicant files a lawsuit in the federal court and sues the USCIS’s inaction. If the litigation is successful, the USCIS must schedule an asylum interview within the specified time.
In practice, it usually takes 2-3 months to know whether the writ of mandamus litigation succeeds. If succeeds, the USCIS will issue an asylum interview notice very soon. Generally, the interview date will be in the next 1-6 months. You wait for an asylum interview for so many years. Through writ of mandamus, you can have an asylum interview within half a year! Too good to be true? It is true!
Is it worth to file a writ of mandamus lawsuit? It completely depends on the actual circumstances of each asylum applicant. It is advisable for each asylum applicants who intend to file to read the following questions carefully.
- If the lawsuit of writ of mandamus is successful, does it mean my asylum application will get approved as well?
No. The favorable result of mandamus litigation can only mandate the USCIS to schedule an asylum interview immediately. But, it does not mean the USCIS will approve your asylum application. It is widely known that the approval rate of I-589 asylum applications is not high.
- How many years must I wait before I am eligible to file a writ of mandamus lawsuit?
It is recommended for asylum applicants who submitted their applications between 2014 and 2019. For those who submitted asylum applications less than 5 years, they can start the mandamus lawsuit, however, asylum offices in different regions have different handling practice for such lawsuits. If your I-589 application is pending for less than 5 years and you plan to file mandamus lawsuit, you’d better to consult a skilled attorney first.
- Will I have an asylum interview within half a year if I file the mandamus lawsuit?
Currently yes in most cases. However, with the more and more asylum applicants file petitions of writ of mandamus, once it exceeds the maximum workload of the federal court or the USCIS, current interview timeframe will be delayed. As such, if you decide to file, it is advisable to file it as early as possible.
- What’s worst result to file a writ of mandamus lawsuit?
For asylum applicants, interviewed quickly means they will obtain the result of I-589 application very soon. If they pass in their asylum interview, they will be eligible for U.S. lawful permanent resident status (green card). If they fail in their asylum interview, they will be referred to immigration court and placed in removal proceeding. Some new immigration judges don’t have many cases at hand, thus it is possible that you will have master hearing and merit (individual) hearing within half a year if you are assigned to these judges. If you fail in immigration court, you will have a removal order against you. With a removal order, it is extremely difficult to obtain a green card in the future.
- Will writ of mandamus have any negative impact on my asylum application?
Essentially, writ of mandamus litigation is “common people sue government”. In the United States, it is a legal right entitled by law. In the point of law, there is no claim of retaliation by the USCIS or negative impact on the case for exercising such right.
- What’s the result if the writ of mandamus lawsuit is unsuccessful?
If the writ of mandamus lawsuit is unsuccessful, it is nothing more than the same situation as before the lawsuit filed, that is, continues to wait for the asylum interview. The USCIS will not take any retaliation against asylum applicants or have any prejudice against the applicants because of former writ of mandamus lawsuit.
- My writ of mandamus lawsuit failed several years ago, can I file it again?
Yes, you can.
- Why it is useless to have Congressman Inquiry while it works to have writ of mandamus?
This is the result of the separation of powers in the United States. The USCIS represents the executive power, Congressman represents the legislative power, and the courts that issue writ of mandamus belong to the judicial power, and the three check and balance each other. When both the executive and the legislature fail, judicial power can step in to protect the constitutional rights of individuals.
- Is it the same thing to expedite an asylum application and to have a writ of mandamus?
Strictly speaking, no, they are not the same. Under certain circumstances, asylum applicants may make a request to the USCIS to expedite their application. The most common reasons include their spouse and/or minor child are suffering persecution or they have clear evidence of imminent persecution. After the USCIS receives the expedited interview request and supporting documents, it decides at its discretion whether to arrange an asylum interview immediately. In other words, the USCIS may approve the request for an expedited interview or deny the request. As for writ of mandamus lawsuit, as long as the complaint is submitted to the federal court, the USCIS must either issue an interview notice or respond to the complaint within 90 day. Actually, it is very unlikely that the USCIS responds to the complaint, especially for those I-589 applications pending for more than 5 years.
- What documents should I provide to start a writ of mandamus litigation?
Receipt notice or fingerprint notice of your I-589 asylum application is the minimum document.
- I don’t have any document for my asylum application, can I start writ of mandamus litigation?
Yes, we can help you obtain a copy of your asylum application from the USCIS.
- Can any of immigration attorneys help me file a writ of mandamus lawsuit?
No, only attorneys who have admission to the federal court which has jurisdiction over your case are qualified to file a writ of mandamus lawsuit.
- If I hire you to help me file a writ of mandamus lawsuit, should I change my previous lawyer? Should I notify my previous lawyer about the mandamus lawsuit?
It is not required to change or notify your previous lawyer. The lawsuit of writ of mandamus and your asylum application are two separate cases.
- Your office is located in California, I am not in California, can I hire you to help me file a writ of mandamus lawsuit?
Absolutely, our services cover 50 states of the United States.
- How much does it cost to file a writ of mandamus lawsuit?
The average attorney fees to file a writ of mandamus lawsuit range from $5000 to $10000. There is extra $500 court and serving fee. In contrast, our attorney fees are very competitive, and we promise that half of the attorney fees will be refunded if the lawsuit is unsuccessful.
If you have been waiting for years without an asylum interview and uncertain your future in the United States, to have a writ of mandamus lawsuit is a shortcut to obtain a result to your asylum application as soon as possible. Expect the USCIS to give you a “quick” result? You can consider starting a writ of mandamus litigation.
Through DYgreencard.com, no matter which state you are in, you can get experienced immigration lawyers to help you have a writ of mandamus. Our price is reasonable and the success rate is very high. Welcome to call for free consultation! 888-919-8555 or [email protected] or schedule an appointment online.
(Copyright by DYgreencard.com. To copy or distribute any of its content must be marked with the sentence “copied or distributed from DYgreencard.com”.)