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Balalala15

Delayed I 485 - writ of mandamus?

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Delayed I 485 applications for my parents, tried everything on my end, infopass, ombudsman, congressmen, etc. 

 

recently sent letter threatening writ of mandamus lawsuit if not given decision in 30 days. Received a Request for further evidence for updated medical exam.

sent it back, hasn't even been entered into system 3 weeks later

 

feel writ of mandamus suit is our only option here, consulted with a lawyer that suggested he investigate, and seems to think he can resolve this without having to do lawsuit.

 

does this sound legit? Anyone here hire a lawyer in similar situation? Wondering if it's better to just file the mandamus at this point.

thanks!

 

 

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A writ of mandamus can backfire on you, for example if your case is in security checks you will be denied if they aren't completed. When did you file AOS ? We have a pending case since May 2015 it has been 20 months and it's currently in security checks. 

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we applied in 2014, last time we heard any status it was still pending background check, that was several months ago, and again last communication received was the request for additional evidence to update their medical reports. 

 

the lawyer said he has contacts at USCIS, and has "resources" available to him to figure out the current status of application, says he can likely get the file in front of the right person to finish processing. Just makes me nervous because I dont know what he can do outside of what I've done already- also, their file was in san francisco and was sent to ny office for some reason. He'd have to have it transfered back here beforehand, so worried that will cause even more delays/problems moving forward.

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I would be skeptical.  Does this lawyer specialize in immigration?  

I will tell you my experience with mandamus.  My lawyer, Lizz Cannon, who is very well known, experienced, respected immigration attorney had extreme hesitations on filing one for us.  We talked about it with her, but she would only consider it as a last and final resort.  As Ebunoluwa stated, She told us that it could result in a denial so tread carefully.  

If this lawyer has connections, that may work.  I'd research him throughly though before just believing him.  He may just want $$.

 

In our case, Lizz Cannon, was able to work with her connections and did get us resolve that way.

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