DIY Guide: Filing a Writ of Mandamus Pro Se Against USCIS for Delayed Immigration Cases

[HarryWhite2 4]

I submitted my I-485 in April 2022, then had an interview in 20 months in December 2023. I submitted the requested evidence including the appointment letter, tax return, pay stubs etc. and was expecting the green card to come soon. However, I didn't heard from the USCIS as of 7/20/2024, which is 27 months since the filing of I-485 (see figure 1).

During this time, I have inquired the USCIS and got a reply that they are still processing it and there were no outstanding documents. I resorted to the congressmen representative in our district, and they got a reply that my case was still in the normal processing time, which was not true (the normal processing time was 18.5 months in my area).

I then searched online and got to know of the Writ of Mandamus (WOM), which can be filed in a federal court against a federal government agency if it does not perform its duty. For immigration application, there is a law (8 US Code 1571b) saying immigration applications should be adjudicated within 180 days. This applies to both USCIS and Consulates (DOS).

https://codes.findlaw.com/us/title-8-aliens-and-nationality/8-usc-sect-1571/

Quote

“It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 1184(c) of this title should be processed not later than 30 days after the filing of the petition.”

I searched how to file it. There are two options. Option one, find a lawyer, which costs around $5000. Option two, do it yourself, which is also called pro se (without a lawyer). Generally, you need to prepare documents (like a complaint form), go to the district federal court of your area to file it, then send summons to the USCIS, and finally send the mailing proof to the court.

The most difficult part is the preparation of the documents. I read the instruction of my federal court, which is 30 pages long. I should prepare a complaint form, a civil cover sheet, one summon for each defendant, and a pro se appearance form.

I got a complaint template from [removed], which was very helpful. It had detailed comments telling how to draft the content. I just need to customize it with my own situation (see figure 2 for the complaint form). They also have detailed tutorial about the whole filing process on the website.

For the defendants of my I-485 case, I sued the secretary of the department of homeland security (DHS), the director of the USCIS (which is under the DHS), the director of my field office, and the US Attorney General of the department of justice (DOJ).

For the summons, I was able to find the mailing addresses of all the defendants from the tutorial. I was not able to confirm the address of the USCIS’s director Ur M Jaddou. There were multiple ones when you google it. Finally I used the one from the tutorial, which is the same as the one in Maryland provided by the USCIS’s website (https://www.usa.gov/agencies/u-s-citizenship-and-immigration-services). The tutorial also mentioned that I also need to send copies of all the summons to the Attorney General in my district, so I found the address of my district from Google.

I went to the court to file it. The staffs were very nice to accept my case and assigned case number and judges to me. The filing fee was $405. They can waive it if I fill out a form, but I didn’t. The court signed and stamped on my documents, returned some copies to me, and took the pro se appearance form.

With the signed and stamped documents, I went to the USPS to mail the complaint photo copies and summons (original copies) to the defendants. I used certified mail, which was required by the court.

Here comes the most exciting part of my story. The summons arrived in the USCIS headquarter on 7/26/2024, and only five days after that, they told my congressmen representative that they updated the status (see fig 1) and had sent a request for evidence (RFE) for my I-485 application on 8/1/2024. I just received it today, and it asked me to update my I-693 immigration physical examination and vaccine record report, which was valid for two years and has expired. Isn’t it fantastic? Come on, I mean, my case just sit there for over 800 days, and the WOM solved it in 5 days. I probably need to wait another two years if I didn’t file the writ of mandamus.

The lesson I learned from this is that sometimes you have to take legal action or else the USCIS won’t take it seriously.

Edited August 13 by TBoneTX
external URL removed

[HarryWhite2 4]

If you're facing unreasonable delays (e.g. one year) in your immigration case with the U.S. Citizenship and Immigration Services (USCIS), filing a writ of mandamus pro se (meaning DIY without an attorney) might be an option to consider. This guide will walk you through the process of filing a writ of mandamus on your own, without an attorney.

 

What is a Writ of Mandamus?

 

A writ of mandamus is a court order that compels a government agency or official to perform a duty they are legally obligated to complete. In immigration cases, it's often used to prompt USCIS to make a decision on a long-delayed application.

 

When to Consider Filing a Writ of Mandamus

 

Consider this option if:

 

1. Your case has been pending for an unreasonable amount of time (>180 days)
2. You've made multiple inquiries to USCIS without satisfactory responses
3. The delay is causing significant hardship

 

Steps to File a Writ of Mandamus Pro Se

 

1. Gather Documentation

• Collect all relevant documents related to your immigration case
• Document all attempts to contact USCIS about your case

 

2. Research and Prepare

• Get a detailed tutorial
• Draft your complaint, following federal court guidelines

 

3. File the Complaint

• File your complaint with the appropriate federal district court
• Pay the filing fee (around $400) or submit a fee waiver request

 

4. Serve the Defendants

• Serve copies of the complaint to all defendants, including USCIS, DHS, and other relevant parties (they are required to respond within 60 days, and usually will start to process your case soon after receiving your summons)
• Follow proper service procedures as outlined by federal rules

 

 

Pros and Cons of Filing Pro Se

 

Pros:

• Cost savings on attorney fees (e.g. $4000 - $6000)
• Direct control over your case
• It is faster if you do it yourself (2 days with the help of a tutorial)

 

Cons:

• Multiple legal documents
• You need to go to a court to file it

 

Final Thoughts

 

Filing a writ of mandamus pro se can be challenging but rewarding. The goal is often to prompt action on your case, and most of the time the mere act of filing can lead USCIS to expedite their decision.

Edited August 13 by TBoneTX
external URL removed

[Crazy Cat 41,181]

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