Visa Lawyer Blog
Thousands of Immigrants are facing sever processing delays due to Name Check and other security background checks delays. In some cases the delays is so severe, causing the applicants extreme hardship in every day life. I can say that every day we get calls from clients seeking assistance with the name check delays. In most cases I suggest to approach the issue on a case by case basis.
Here are a few suggestions on how to approach this problem:
Whether you have an attorney or you are following the case yourself, you must make consistent inquiries on the case with the USCIS. Inquiries can be done via email, in writing, or in person via infopass. No matter how you do it, keep a consistent log of all inquires on the case.
If regular inquiries are not successful, try at least one congressional inquiry using your local representative/ Every Congressman or Senator have an immigration support person that you can use.
If all inquiry efforts fail, you have no choice but to sue the Government. The law suit is called writ of Mandamus. In Citizenship or Adjustment cases, this means that the U.S. federal court could require the USCIS to make a decision on a case within a reasonable timeframe, instead of delaying the decision for years and, thereby, effectively denying the individual certain constitutional rights.
Applicants and petitioners whose immigration cases have been substantially delayed by background checks may benefit from filing a writ of mandamus against the government in a U.S. federal court. The USCIS no longer expedites FBI background checks simply because a foreign national has filed a writ of mandamus action. However, the filing of a writ of mandamus case can result in the resolution of cases for which no further background investigation is required.
A writ of mandamus action may also be used to resolve delayed N400, citizenship (naturalization), cases that have been pending for more than six months. They can also be used if the USCIS fails to make a decision on a citizenship case within 120 days of the completion of the interview. Writ of mandamus actions are not limited to permanent residency and naturalization cases, and can be used when there are delays in I-485 adjusment cases as well.
Our firm recently has obtained several extremely smooth case approvals after filing writs of mandamus on behalf of our clients.