Practice Area

Mandamus for Delayed Asylum Cases

Securing Asylum Interview Through Mandamus Lawsuit

Navigating the Frustration of Asylum Interview Delays: Falling Deeper in the Waiting Line

Asylum interview delays can be an incredibly frustrating experience for applicants. According to USCIS policy, the goal is to schedule all asylum applicants for an interview within 21 days of filing their application. However, if an applicant is not scheduled within that timeframe, they are prioritized behind all new applicants. While this policy may have initially aimed to ensure efficiency, for those who have been waiting for a significant period of time, it can quickly turn into a nightmare. The longer an applicant is made to wait, the further they are pushed back in line, causing additional anxiety and uncertainty. This delay can significantly impact the lives of asylum seekers, prolonging their state of limbo and preventing them from moving forward with their lives. It is important for individuals in this situation to explore alternative legal options, such as mandamus, to prompt the authorities to take action and bring their long-pending asylum case to a resolution.

Why Filing a Mandamus Petition is Important for Your Asylum Case?

The mandamus lawsuit serves as a legal remedy to expedite the resolution of your long pending asylum case. When you file a writ of mandamus petition, the court reviews your situation and assesses whether the government agency, such as the Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), have unreasonably delayed your asylum application. By seeking a court order through mandamus, you can prompt the authorities to make a decision within a reasonable timeframe, finally providing closure and resolution to your case. In the majority of cases, the government typically avoids litigation and takes action within the 60-day period by providing an asylum interview notice to the applicant. This legal pressure compels the agency to prioritize your application and make a decision.

What are the requirements or prerequisites needed before pursuing a Mandamus lawsuit?

There are no prerequisites that need to be fulfilled. Mandamus does not require any prior administrative steps, such as requesting an expedited interview or making congressional inquiries. This means that individuals seeking resolution for their long-delayed asylum cases can directly pursue a mandamus lawsuit without having to navigate through additional bureaucratic channels. We have had many successful mandamus lawsuits where the applicant hadn’t requested expedited interview from USCIS or gone through congressional inquiry.

How many years do I have to wait for asylum interview to file mandamus lawsuit?

At Mandamus Lawyers, we recommend considering the filing of a mandamus petition for pending asylum cases that have been languishing for an extended period, typically more than 4 years. While each case is unique, we have seen considerable success in utilizing mandamus for such cases. Our experienced attorneys can assess the specific circumstances of your case and provide guidance on whether filing a mandamus petition is a viable option to get an asylum interview.

What is the process for filing a mandamus lawsuit?

It begins with a free evaluation where we assess the merits of your case and provide an individualized analysis. Once we determine that filing a mandamus lawsuit is appropriate, we strategically evaluate and select the best jurisdiction to file the lawsuit, maximizing the chances of a favorable outcome. As your dedicated legal representatives, we guide you through every step of the process, from drafting and filing the lawsuit to representing you in federal court. Preparing and drafting lawsuit takes approximately 2 weeks.

What happens after filing a mandamus lawsuit?

After filing a mandamus lawsuit, the government, as the defendant in the case, has a specific timeframe to respond to the complaint. Generally, the government has 60 days to provide a response. In most cases, the government does not contest the lawsuit and instead opts to avoid litigation. As a result, within the 60-day period, it is common for the government to take action by issuing an asylum interview notice to the applicant. The timeline for scheduling asylum interviews varies depending on the specific asylum office that has jurisdiction over the client’s case.

It is important to note that while this is the typical outcome, rarely in some cases, the government may choose to contest the lawsuit. In such situations, government attorneys will file a motion to dismiss based on various reasons and possibly a motion for summary judgement, and we, as your legal representatives, will draft a response to address their arguments. Appearing in front of a judge is relatively rare in mandamus cases. Our experienced attorneys handle most of the proceedings, and our clients do not need to appear in court. We maintain regular communication with government attorneys throughout the entire mandamus process, ensuring effective engagement from the beginning till the resolution of your long pending asylum case. We take care of the legal representation, ensuring that your interests are effectively advocated for throughout the process.

What if government wins the Mandamus lawsuit?

If the mandamus lawsuit is ultimately unsuccessful, the applicant will continue to await the scheduling of the asylum interview, as the lawsuit has not been filed. While filing a mandamus petition can be a powerful tool to expedite the resolution of your long pending asylum case, it does not guarantee success in every instance. In some cases, the government may choose to contest the lawsuit and actively defend their position. It is important to note that, despite our diligent efforts and strong legal arguments, there is a possibility that the government may win the case. However, we offer a free case evaluation for our clients. This evaluation allows us to assess your unique circumstances and provide an individualized analysis of the strengths and weaknesses of your case. We believe in providing transparent and honest guidance to our clients, helping them make informed decisions about their legal options.

Does filing a mandamus lawsuit have a negative effect on the asylum interview?

No, filing a mandamus lawsuit does not have a negative impact on the asylum interview process. In our experience, none of our clients have had a bad experience with the asylum office as a result of filing a mandamus lawsuit. Filing a Mandamus Lawsuit shows that you are serious about your asylum application and determined to move forward with the process. The interview is conducted independently by the asylum office, and they assess the merits of the case based on the applicant’s eligibility and supporting evidence. The mandamus lawsuit serves as a legal mechanism to expedite the resolution of long pending asylum cases, but it does not influence the outcome of the asylum interview.

Is my personal information and the documents related to my Mandamus Lawsuit made public?

Yes, in general, federal lawsuits, including mandamus lawsuits, are part of the public record and can be accessed by the public. This means that your name and certain documents related to the lawsuit may become public. However, at Mandamus Lawyers, we understand that some clients may have concerns about their safety, especially if they have applied for political asylum and are hiding from their government. In such cases, we offer the option to file the lawsuit under a pseudonym, protecting the client’s identity from being publicly disclosed. It’s important to note that filing the lawsuit under a pseudonym requires additional work and measures to ensure the client’s safety and privacy. Therefore, we charge an additional fee of $750 to cover the costs associated with this process. Our priority is to prioritize the safety and well-being of our clients while effectively pursuing their mandamus lawsuit.

Do I need a lawyer for mandamus lawsuit?

Yes, it is highly recommended to have a lawyer represent you in a mandamus lawsuit. Filing a mandamus petition for a long pending asylum case involves complex legal procedures and requires a deep understanding of federal litigation.

Should my immigration attorney file the Mandamus Lawsuit?

It is important to note that while an immigration attorney may be knowledgeable in immigration law, they may not possess the specific experience and expertise required for federal litigation. Mandamus lawsuits are a specialized area of law that involve navigating federal court rules, understanding the nuances of legal arguments, and presenting a compelling case before the court. By working with an attorney experienced in federal litigation and well-versed in the intricacies of mandamus lawsuits, you can ensure that your case is handled with the utmost professionalism and attention to detail. They have the necessary skills and knowledge to assess the unique aspects of your case, draft strong legal arguments, and effectively advocate on your behalf. With the guidance of an experienced lawyer, you can navigate the complexities of the mandamus lawsuit confidently, knowing that you have the best possible representation for your long pending asylum case.

Does my immigration attorney have to involve in mandamus lawsuit?

No, Mandamus Lawsuit and your asylum application are completely two different cases.

What documents are needed for Mandamus Lawsuit?

In a mandamus lawsuit, certain documents are typically required to support your case. The primary documents needed are the receipt notice and the asylum application (Form I-589). Additionally, other relevant supporting documents, such as any correspondence or communication with the government agency regarding your case, can further strengthen your mandamus petition.

Do you provide services in all 50 states?

Yes, at Mandamus Lawyers, we proudly represent clients not only in all 50 states but also from around the world.

How much does a Mandamus Lawsuit for a long pending asylum case typically cost?

Unlike the many law firms, we charge a flat fee off $4,499 for the entire process. In other words, there will be no surprise or extra cost no matter how your mandamus case proceeds. You may visit Legal Fees page for more information.

Does your firm provide assistance with asylum interviews?

Yes, we specialize in providing comprehensive assistance for asylum cases. We have a proven track record of supporting numerous clients throughout the asylum process, from mandamus lawsuit to interview preparation and representation.

Why Hire Our Firm for Mandamus Lawsuit?

Experience and Expertise: Benefit from our extensive experience and specialized knowledge in handling Mandamus Lawsuits. Unlike the other firms our main focus is mandamus lawsuits.

Proven Track Record: We have a successful track record of representing clients in similar situations, achieving positive outcomes.

Strategic Approach: We will assess the viability of your case and strategically file the lawsuit, maximizing your chances of a favorable resolution.

Strong Advocacy: Our attorneys will represent you in federal court, presenting compelling arguments and advocating for your rights.

Affordable Fees: We charge a flat fee and there will be no surprise billing or extra cost.

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