How to file a Mandamus in Federal Court

[Lemonslice 5,238]

9 hours ago, wazzujoel said:

Since USCIS are no longer processing any cases for people that came on CHNV (Biden's Humanitarian Parole for Cubans, Hattians, Nicaraguans, and Venezuelans), I am questioning if I should start this process of filing a lawsuit. I have 3 family members that are still pending permeant residency with application dates from April 2024. I personally filled out 5 i-485 applications for this family group and 2 of the 5 were approved in September. Their parole period ends this spring, and I know that since they are pending residency they will be allowed to stay legally until a decision has been made with their application... However once their parole period ends, so does their work authorization... and from what I have read USCIS is stopping work on all applications related to anyone who came on CHNV which means they wont be able to get a work authorization renewal as they wait for the "indefinite suspension of processing any case of a CHNV individual" to end.  

 

https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/

 

How is this legal? Does Trump expect these immigrants who are here legally to just stop working, and go on public assistance until USCIS decides to start processing their applications again? These immigrants that I helped come here are not on any form of public assistance, work full time on minimum wage paying jobs that Americans don't want, pay taxes, and abide all laws. 

About the bolded part, how do you know for sure? 

I would also prepare a plan B. 

[wazzujoel 102]

8 hours ago, Lemonslice said:

About the bolded part, how do you know for sure? 

I would also prepare a plan B. 

 

I am 99.9% on the bolded part? I have read multiple cases where someone comes to the US, and then while here they find some immigration path to become a Permanent Resident, and while they are waiting for a decision on their i-485 that status here lapses and they are allowed to stay until a decision has been made. I see no reason why this should be any different. Everything I have read is that when your status expires but you have a pending i-485 you are allowed to stay indefinitely until a decision has been made; however, if the application ends up being denied than the foreigner is required to immediately leave the country because they no longer have any legal basis for remaining. 

 

I know you have been around these forums a lot and you seem quite knowledgeable.... Are you saying you've never heard of situations such as this? This being CHNV seems pretty irrelevant in my opinion, because although that was their legal entry into the country (call it a 2 year tourist visa if you want) was CHNV, at this point in time they legally applied for permanent residency meeting all conditions of the 1966 Cuban Adjustment Act Law. They applied for for residency 1 year before their "2 year tourist window" expired, and USCIS has taken more than the 180 days to process a residency application which brings USCIS in violation of the law per 8 USC Chapter 13. Thoughts? Do you really think that Trump will try and deport someone who has a pending permanent residency application? 

 

It's really quite frustrating to me... The 5 people I sponsored are all great people. One is in HS and graduating this spring with honors. One is my partner. The other three have full time jobs, working hard, paying taxes, not living on any form of government assistance... So USCIS approved the dad of this family unit, and then a friend of my partner. Who has not been approved is my partner, her mom, and her brother. All five i-485 applications were exactly the same with the only difference being biographic data.... It's the same code, just different names and dates. USCIS then approves 2 of them in roughly 90 days and then the other 3 just remain in limbo and then they announce they are not going to process any application regarding people that arrived with CHNV no matter if they have a legal basis for being here.