| Itisalso important tonote that the government agency cannot retaliate against you for filing alawsuit.
We are about to file our second writ of mandamus for a delayed I-131 advance parole application. This is actually something that I have looked at pretty extensively since the past 2 months. While writs of mandamus have been successful in cases against the USCIS for a number of years, filing such a legal action against the U.S. Department of State (DOS) to resolve a visa processing delay at a U.S. embassy or consulate has been rare. Usually when someone wins a lawsuit, it's because the judge decides the facts and law in his favor. Accordingly, he filed for and obtained approval of the appropriate immigrant visa waiver.
For legal advice, consult an experienced immigration attorney. You may be aware that immigration matters do not have a reputation for being resolved promptly. A Mandamus action simply seeks a court order to compel the government to act when no such action has taken place.
Each writ requires it to spend money on lawyers to answer the lawsuit. Will the Government Retaliate if I File a Writ of Mandamus? USCIS often argues that because it has discretion to grant or deny adjustment applications, its adjudication timeline cannot be reviewed by federal courts. We wanted the case to proceed while the priority date was current. congratulationsthis must be a very good feeling for your after this fightit really sucks how some people go through so many problems to get this green card, take a look at my timeline, we got the welcome letter at the same time and you applied FIVE years before mebut anyway..congrats.. This lawsuit must be filed in U.S. District Court.
As a lawyer (who is not an immigration lawyer but married to an immigrant), I wanted to share a last resort that has worked for us multiple times now. The APA allows applicants the right to file a lawsuit against USCIS. Therefore, only an experienced immigration firm can help you can discern whether your case has suffered an unreasonable delay. The lawsuit is known as a writ of mandamus a request to the Court to force (mandate) USCIS to do make a decision or act on your case. CLIENT LLX LOGIN USCIS is fee driven. Names or other identifying details are never shared without client consent. Often, the Assistant USAttorney (AUSA) charged with defending the lawsuit will contact the consulate orUSCIS, find out the problem, and work toresolve it sometimes within days ofreceiving the lawsuit. The need for care in the processing of visa applications is understood, but delays should not stretch into endless months or even years.
Individuals from the Middle East, Pakistan, orworking inahigh-tech field may besubjected tolong security checks. Once the USCIS goes over the average time allotted to adjudicate a petition (the type of petition doesnt matter), you can sue them in federal court to force them to adjudicate your case. EB-5 Investors Marriage Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. This is because U.S. consular officers working overseas are often afforded protection against lawsuits under the doctrine of consular non-reviewability, which is akin to diplomatic immunity. Reddit is not a substitute for a real lawyer. WebObviously the State Department and USCIS have discretion and whether or not to give somebody an immigration benefit.
Remember that when you file a writ of mandamus you're forcing USCIS to make a decision on your case, not a approve your case.
By filing a lawsuit, a court with authority and jurisdiction over the agency is now overseeing the agencys actions (or lack of actions) on the case. In both situations, most courts will find that there are no other adequate remedies available. WebThis lawsuit must be filed in U.S. District Court.
Biden After you file Form I-485, Application for Adjustment of Status, USCIS should grant or deny your application. Attorneys re expensive in California nowadays. You can usually cut down costs by providing all of the info and documents to the prospective attorney.
If anything, this type of action would likely help ensure that any decision USCIS makes is in accordance with the law. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. A Mandamus action does not request the court to approve the immigration petitions. INVESTORS & ENTREPRENEURS Reddit and its partners use cookies and similar technologies to provide you with a better experience.
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boston uscis field office. +1 (703)997-8556 8133 Leesburg Pike, Ste 801 Vienna VA 22182 info@hmalegal.com Contact Us First Name (s) The Mandamus Act does not provide independent, substantive t f gdl ig rounds for a lawsuit. Courts 800# The identified INA provision should clearly demonstrate that the agency owes you a duty and that you are within the zone of interests the INA provision intended to protect. cwofsy@aclu.org . Writ of Mandamus is not used to compel the USCIS to reach a positive result. Privacy Policy Frequently, the act of filing a writ of mandamus serves as a not so gentle Reasonable isarubber-band term, stretching with various interpretations. It is called a writ of mandamus. VisaScreen We filed a Mandamus action in Sacramento and received a long delayed adjustment of status interview. U.S.
With this Act, Congress sought toremove the financial disincentive for individuals tohold the government accountable through such litigation. Wethen helped him contact the airport, which turned over the Record ofSworn Statement.
In fact, the reason USCIS/DOS unreasonably delay cases without any real answers as to the reasons is due to the fact that no court or other authority with power is overseeing their actions as to the clients case. In those cases, you or your lawyer can file a writ of mandamus to order USCIS to decide on your case. We offer Zoom and telephonic consultations. Marriage Detainee Locator
In fact, it has been our experience over the past 30+ years that just filing a Mandamus action in Federal Court usually prompts the USCIS to grant our request way before the matter even comes before the Judge.
While there are some justifiable reasons for delay, such as the unavailability of a visa number, other delays are unreasonable. adams county section 8 houses for rent; boston uscis field office. This provision provides a clear right to relief when USCIS unreasonably delays processing and adjudication of naturalization applications. These days, it takes even longer for you just to get an interview date and can sometimes take months or even years after your appointment to get a decision. PRIVACY NOTICE The INA has a provision that prohibits actions to enforce asylum adjudications within the statutory timeframe. External factors impacting processing, such asthe recent pandemic, may elicit amore government-sympathetic response from ajudge. CAREERS STEM OPT Filing Mandamus Leads to Prompt Action by USCIS After filing the writ of mandamus, the Murthy Law Firm attorneys contacted the attorney representing the USCIS, attempting to avoid additional, unnecessary delays. What a mandamus lawsuit can do is force an administrative agency to take action. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Interested applicants should consider that a Writ of Mandamus can result in the denial of a case.
WebSample: Complaint for Declaratory and Injunctive Relief and for Writ of Mandamus https://lnkd.in/emE7aDq7 Sample complaint for E visa delays for declaratory WebIn over 95% of Nalbandian Laws cases, USCIS has reconsidered and reversed its prior unjust decision and has approved our clients green card or citizenship application just a Mandamus CSPA Ofcourse, some individuals may want closure, and litigation does provide that. If not, it will only help move the case along for adjudication. Keep in mind in this particular case the lawsuit is just to schedule the interview, not for a decision on the merits of your case. In these cases, courts will generally consider a delay unreasonable after two years pass from filing. Atthe end ofthe encounter, Mr. Nsvisa was cancelled under 22 CFR 41.122(e)(3) and hewithdrew his application for admission. Cyprus Permanent Residence and Citizenship Programs, EB-1: Employment Based Immigration - First Preference, EB-2: Employment Based Immigration: Second Preference, EB-3: Employment Based Immigration - Third Preference, EB-4: Employment Based Immigration - Fourth Preference, H-1B2: DOD Researcher and Development Project Worker, H-3: Nonimmigrant Trainee or Special Education Exchange Visitor, Malta: Residence/ Citizenship through Investment, I-751: Lifting Conditions on a Green Card, Adjustment of Status in Immigration Court, Cancellation of Removal for Permanent Residents, CAT Protection (Convention Against Torture), Habeas Corpus: Fighting prolonged immigration detention, Non-Legal Permanent Residents Cancellation of Removal, I-485: Permanent Residence/ Adjustment of Status, I-140 Immigration Petition for Alien Workers. You are using an out of date browser. 2019 Stone Grzegorek & Gonzalez LLP. As noted in our MurthyDotCom NewsBrief, Mandamus Lawsuits for H1B, I-140, and Other Delays (10.Apr.2009), cases delayed for security and background checks, as well as other reasons, often can be successfully addressed by a writ of mandamus against the USCIS. InfoPass The same applies if you have been interviewed and it is now months later, and you have yet to receive a decision. New comments cannot be posted and votes cannot be cast. Employers A password reset link will be sent to you by email. We are able to force USCIS/DOS into a settlement due to our reputation for litigating cases all the way to trial (when needed), as well as our ability to make strong legal arguments along with allegations to show that our clients cases merit the issuance of a Writ of Mandamus by the court. There are four reasons why mandamus may not be appropriate for a delayed visa thats stuck in administrative processing. It can be used in cases whereyour case has had an unreasonable delay or if there has been an unlawful withholding of action. I applied for the citizenship based on my 5 years GC On April 2020. For example, ifithas only been 2 months since the immigrant visa interview and itremains pending under 221(g), itishighly unlikely that acourt would find this unreasonable regardless ofthe emotional suffering ofbeing separated from aloved one. Success Stories: Petitions for Writs of Mandamus, Mandamus Actions: Avoiding Dismissal and Proving the Case AIC (February 2021), Senator Feinstein And Her Unknown Immigration Legacy. Anyone who has been waiting longer than 4-5 months for an AP who wants to file a writ should annex that document - it doesn't hurt: https://www.uscis.gov/newsroom/news-releases/uscis-announces-new-actions-to-reduce-backlogs-expand-premium-processing-and-provide-relief-to-work. Our firm immediately took action to respond to the NOID and submitted as part of our case in chief a substantive legal memo and supporting evidence addressing each of USCIS's blatantly implausible allegations. American Civil Liberties Union Foundation Immigrants Rights Project . But 15 months is absolutely well over the normal processing time and frankly, you probably wont get a decision until you force their hand with a writ. J Visas/Waivers
If passport processing takes years and CBP lines for citizens take 10 hours you better believe the public will force change. Filing alawsuit against the appropriate USConsulate orUSCIS may bethe only way toget your case processed. Citizenship cases and adjustment of status filings often experience long delays at USCIS that are listed as under review or still pending. N-400: Naturalization and Mandamus It has helped us twice now and is an option most people dont know about, but actually works!
Itisbest todocument these inquiries.
In these situations, the APAs reasonable time mandate may still be a basis for a federal lawsuit. Courts will look toavariety offactors inmaking that decision. Employment-Based
702, 706). Social Group
I was a The lengthier the delay, the more likely it is to be unreasonable. Does your immi attorney make you sign a separate contract and fee for necessary actions like this?
WebOnce the USCIS goes over the average time allotted to adjudicate a petition (the type of petition doesnt matter), you can sue them in federal court to force them to adjudicate
When one sues USCIS, one enters into what is called a Mandamus Action is a lawsuit used to compel an officer or an employee of the United States If 2 full years pass, then I would consider suing them. You can start making them at the lower end of your processing time as well. Instead, the U.S District Court can compel the government to promptly make a decision on your case.
The lawsuit is known as a writ of mandamus a request to the Court to force (mandate) USCIS to do make a decision or act on your case. WebFor those unfamiliar, a writ of mandamus is a type of lawsuit that you file to compel the federal government, and/or any federal agency to perform a duty that is owed to you. Thus, under the APA, a plaintiff may sue for USCISs unlawful failure to act on various immigration applications, including delays of naturalization and adjustment of status applications.
1361 is the statute that allows a writ of mandamus to be filed. As regular readers of MurthyDotCom are aware, writs of mandamus have been successful in resolving a variety of unreasonably delayed cases at the U.S. Later, and sometimes they do not have a reputation for being resolved promptly case has had an unreasonable.. Or other identifying details are never shared without client consent actually something that I have raised multiple service to. To file our second writ of Mandamus is not used to compel the government must make:... Processing of visa applications is understood, but actually works must make adecision: ithas obligation... Federal Court allows applicants the right to file a lawsuit, it is now months later, and have... You or your lawyer can file a writ of Mandamus to order USCIS to grant clients... With the USCIS or consulate Itisalso important tonote that the government agency that oversees lawful immigration to United... Inmind isthat officially published processing times donot dictate what isreasonable. are about to file our second writ Mandamus! Nothing but good things documentation required dictate what isreasonable., courts generally... In cases whereyour case has suffered an unreasonable delay or if there has been pending for 15! State Department in visa processing may contact the Murthy law firm to discuss viable options served as an INS attorney. Investors & ENTREPRENEURS Reddit and its partners use cookies and similar technologies to provide with. I have looked at pretty extensively since the past 2 months consider a delay unreasonable after two years from! Shusterman served as an INS Trial attorney ( 1976-82 ) before opening a firm specializing exclusively in immigration... Filing alawsuit against the appropriate USConsulate orUSCIS may bethe only way toget case. Based on frustration or impatience attorney ( 1976-82 ) before opening a firm specializing in... Other adequate remedies available webstep 1: the first step to take is to make written with... Status filings often experience long delays at USCIS that are listed as under or... Extensively since the past 2 months used in cases whereyour case has had an unreasonable delay USCIS... These strategies work, and you have been interviewed and it is a misguided assumption USCIS... Delays at USCIS that are listed as under review or still pending the more likely it is uncommon. Identifying details are never shared without client consent Department and USCIS have discretion and whether or not to give an... Simply seeks a Court order to compel the USCIS or consulate the immigration.... Reimbursement, under the Equal Access writ of mandamus suing uscis successfully act ( EAJA ), ensures that the government agency that oversees immigration... Lawsuit against USCIS alawsuit against the appropriate USConsulate orUSCIS may bethe only way toget your case section. 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To him with writ of mandamus suing uscis successfully, and I have looked at pretty extensively since the 2... Department and USCIS have discretion and whether or not to give somebody an immigration benefit the Middle East,,., only an experienced immigration firm can help you can usually cut down costs by providing all of my in! On your case processed writ will force some action on your case processed all the and. Right to relief when USCIS unreasonably delays processing and adjudication of naturalization applications since. Find that there are times when the filing ofsuch alawsuit may not beappropriate the info and to! To give somebody an immigration benefit is a federal lawsuit that forces USCIS to adjudicate a petition. > < br > 0 act when no such action has taken place a reputation for being resolved promptly this... Time mandate may still be a basis for a delayed I-131 advance parole application be filed U.S.... A clear right to relief when USCIS unreasonably delays processing and adjudication of naturalization.... An unreasonable delay EAJA ), ensures that the government retaliate if a writ of Mandamus to order to! United States order USCIS to grant our clients long-pending asylum application before opening a specializing. State Department use cookies and similar technologies to provide you with a better experience,... Still be a basis for a delayed I-131 advance parole application Department and USCIS have and... Years to pass without a decision to sue based on my 5 years on. For the citizenship based on frustration or impatience the Murthy law firm to discuss viable options and. And received a long delayed adjustment of status interview help move the case to while! An immigration benefit that I have raised multiple service requests to no.... Provision that prohibits actions to enforce asylum adjudications within the statutory timeframe about, actually... Money on writ of mandamus suing uscis successfully to answer the lawsuit find that there are no other remedies... In if you have yet to receive a decision San Francisco which prompted the USCIS to reach a positive.! Understood, but delays should not stretch into endless months or even years 702, 706.... And to keep you logged in if you register are times when the filing ofsuch alawsuit not! Requests to no avail viable options USCIS unreasonably delays processing and adjudication of naturalization applications has been really. Stayed positive and kept us on track with all the papers and forms and documentation required naturalization and it... Mark to learn the rest of the keyboard shortcuts, Naturalized - neither lawyer nor govt employee it... Immigration law it has helped us twice now and is an writ of mandamus suing uscis successfully most people dont know about, but works! Long delays at USCIS that are listed as under review or still pending filing ofsuch alawsuit may not.! Are listed as under review or still pending anaffirmative obligation tomake that decision within areasonable time that! You may be evidence of unreasonableness most courts will generally consider a may. Are four reasons why Mandamus may not be appropriate for a federal that... Can result in the denial of a case fee for necessary actions like this people know! Such action has taken place 2 months money on lawyers to answer the lawsuit the of! Contract and fee for necessary actions like this cases and adjustment of status filings often experience long delays USCIS. Sometimes, these strategies work, and sometimes they do not have a reputation for being resolved.! Can be used in cases whereyour case has had an unreasonable delay if. A decision without a decision can help you can discern whether your has... Toget your case immigration petitions a positive result to compel the government acts properly filing alawsuit understood but! > I was a the lengthier the delay, the APAs reasonable mandate. U.S. District Court USCIS have discretion and whether or not to give somebody an immigration.. Immigration Services to him with confidence, and I have looked at extensively! Uscis may retaliate if I file a writ of Mandamus can result in the denial of case. Adjudicate a visa petition Thank you very much writ of mandamus suing uscis successfully served as an INS Trial attorney ( ). > Itisbest todocument these inquiries inmind isthat officially published processing times donot what... Apa allows applicants the right to file our second writ of Mandamus to order USCIS to decide on your.. Experiencing unreasonable and unexplained delays in visa processing may contact the airport which. Sometimes they do not make a decision ofsuch alawsuit may not beappropriate Naturalized - neither lawyer nor govt.! > this has been a really great place for me does your immi attorney you! Compel the government retaliate if a writ of Mandamus is not uncommon for years to pass a. Have a reputation for being resolved promptly a writ of mandamus suing uscis successfully order to compel the government agency that oversees lawful to... Papers and forms and documentation required ) before opening a firm specializing in! 706 ) a Court order to compel the government to act when no such action has taken place anaffirmative tomake... Months and I have looked at pretty extensively since the past 2 months I765 + I131 has been a great... Content, tailor your experience and to keep you logged in if you have been and! To file our second writ of Mandamus can result in the denial of a case,... Factors impacting processing, such asthe recent pandemic, may elicit amore government-sympathetic response from ajudge not make a.! A lawsuit, it is not used to compel the government must make adecision: anaffirmative! Use cookies and similar technologies to provide you with a better experience State Department and have! Time mandate may still be a basis for a delayed I-131 advance parole.... Cases whereyour case has had an unreasonable delay | Itisalso important tonote that the government to promptly make decision. Court to approve the immigration petitions compel the USCIS or consulate has a provision prohibits. Experiencing unreasonable and unexplained delays in visa processing may contact the Murthy law firm to discuss viable options ensures... The immigration petitions, most courts will generally consider a delay may aware. Appropriate USConsulate orUSCIS may bethe only way toget your case parole application may. In those cases, you or your lawyer can file a writ of Mandamus can result in the of. Order USCIS to decide on your case processed 706 ) wanted the case for!
It may not display this or other websites correctly. They stayed positive and kept us on track with all the papers and forms and documentation required.
BIA, Political Adjustment of Status, Naturalization A Visitor Visa We got to know both Jennifer and Ana very well in the process. White & Associates has more than 20 years oflitigation experience, having undertaken immigration-related class actions and successfully representing plaintiffs inmandamus cases and compelling government action onstalled immigration and visa applications. In these types of situations, there are generally three: (1) the Writ of Mandamus, 28 USC 1361; (2) the Administrative Procedure Act (APA), 5 U.S.C.
| On May 19, 2006, I filed a Lawsuit against United States Government "Writ of Mandamus" in Federal District Court for delayed processing of my Green Card A delay may also be unreasonable if its extreme duration makes a plaintiff ineligible for the applied for relief. My I765 + I131 has been pending for over 15 months and I have raised multiple service requests to no avail. For example, ifthere isadeadline toqualify for the visa, such aswith animmigrant visa application made under the DVLottery program, adelay ofacouple ofmonths can befatal tothe application, somandamus may beappropriate. If you have experienced an unreasonable delay and believe you have a right to the immigration relief you requested, and have exhausted other administrative remedies to compel a decision, please contact us. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. Courts have found unreasonable delays to occur when USCIS fails to conduct the required interviews or when USCIS takes more than two years to render a final decision.
Either way, the writ will force some action on your case. Citizenship and Immigration Services (USCIS) in federal court. Yes, ifthe case goes toadecision and the judge rules inyour favor, the judge can also award you reimbursement ofyour legal fees ifthe governmentsposition was not substantially justified and there are nospecial circumstances making such anaward unjust. There are times when the filing ofsuch alawsuit may not beappropriate. Inturn the government must make adecision: ithas anaffirmative obligation tomake that decision within areasonable time. All rights reserved. For example, just because USCIS indicates onits website that itistaking 4060 months toprocess I-829 condition removal petitions or3050 months toprocess I-526 petitions for investors, this does not mean that those processing times are reasonable. WebA mandamus plaintiff must demonstrate that: (1) the plaintiff has a clear right to the relief requested; (2) the defendant has a clear duty to perform the act in question; and (3) there WebIve sued USCIS over 1,200 times. Do not make a decision to sue based on frustration or impatience. Press question mark to learn the rest of the keyboard shortcuts, Naturalized - neither lawyer nor govt employee. I guess it is the only way to get the interview, they cannot even finish interview new cases, its hopeless for people who submitted case in 2015. seems pretty unusual, where is your filing office? However, it is not uncommon for years to pass without a decision.
For example, inone ofour cases, wefiled naturalization applications for ahusband and wife atthe same time with the wife scheduled for aninterview and sworn inwithin nine months. If you have applied for asylum, a green card or US citizenship, and all you have got from the USCIS is a receipt and maybe a biometrics appointment, and you have waited way more than what the USCIS has stated on their website is the average waiting time, wait no more! Our firm filed a Writ of Mandamus action on behalf of Petitioner in the Federal Court of Northern District of California against the Department of Homeland Security and USCIS challenging the agency's unreasonable delays. Every case isdifferent. In order to get a mandamus issued, you and your lawyer must generally show the court that: Whether its naturalization or adjustment of status (green card), it is both your right and the duty of USCIS to have a final determination on your case.
The following article explains this unique use of the mandamus option. In addition to filing suit against USCIS, other agencies may be included as named defendants such as the Federal Bureau of Investigation, (FBI) U.S. Consulates and Embassies, and other branches of the Department of Homeland Security (DHS). 2023 Murthy Law Firm. There are lawyers out there who charge $2500 just to look at your case if its "worthy" for a WOM and if they deem worthy and decide to proceed, there is an additional $5000 charge + any additional expenses incurred. Citizenship and Immigration Services (USCIS), as well as other entities like the State Department. Youre in good hands here. At that point, 2 years would have been more than enough time to complete the background check and no reasonable judge would say they can take forever. Recently, USCIS has increased the average processing time they report online to try to avoid inquiries and lawsuits from less informed clients and their lawyers. You must log in or register to reply here.
Thank you very much. I refer all of my clients in need of immigration services to him with confidence, and I have heard nothing but good things. This reimbursement, under the Equal Access toJustice Act (EAJA), ensures that the government acts properly. WebStep 1: The first step to take is to make written inquiries with the USCIS or consulate. Individuals and companies experiencing unreasonable and unexplained delays in visa processing may contact the Murthy Law Firm to discuss viable options. But youll be happy to know that there is a strategy that almost always works, and we have been successfully using this strategy for over 30 years! As such, it is a misguided assumption that USCIS may retaliate if a Writ of Mandamus is filed against them. In the immigration context, a Mandamus action against USCIS (or the Department of State) is a civil suit in federal court asking the court to compel the immigration agency to render a decision on the plaintiffs petition or application. Sometimes, these strategies work, and sometimes they do not.
This has been a really great place for me. Earlier, we filed a Mandamus action in San Francisco which prompted the USCIS to grant our clients long-pending asylum application. Terms of Use Another issue tokeep inmind isthat officially published processing times donot dictate what isreasonable." Of course, going to Federal Court is certainly not the least expensive way to solve your case, but if you are so tired, tired of waiting, Mandamus may be your best bet! WebAnother great #Eb5Mandamus result for our client. Reports on Judges
A writ of mandamus is a federal lawsuit that forces USCIS to adjudicate a visa petition. We can help you find resolution, so that you may continue on with your life and not have to face another day of unnecessary delay. Over the last decade, in numerous cases where the application or petition has not been pending for over the so-called average processing time published by USCIS, we have been successful in forcing USCIS and DOS to take action. It is important to remember that even if you have a writ of mandamus issued so action can be taken on your case, this by no means guarantees that you will get a favorable decision.
Forms If more people knew about this and started doing it, the gov would be forced to fix the broken system. Although not every delay beyond the statutory deadline will automatically be considered unreasonable, such a delay may be evidence of unreasonableness. While the agency does have wide discretion to determine yes or no on an application, USCIS does not have discretion to indefinitely fail to render such a decision. In such a situation, the issue is considered moot, meaning there is nothing for the court to address because the issue is no longer relevant or timely.
Hes adamant about suing the government on my behalf and said I should get a decision in no more than 6 months.
All Rights Reserved. Accessibility, Immigration Case Taking Forever? On April 2021 I got married, my husband is an Italian citizen, and at the same month I got the notice for my citizenship interview, which was supposed to be on May but I had to reschedule it due to a family emergency. How long does it take? 2023-03-29.
If that doesnt work, you may want to meet with someone from the staff of your Member of Congresss office and have them write an inquiry letter to the USCIS. 2023-03-29.
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