Asylum Based i-485

[flando]

Wow, you filed the Mandamus after only one year of filing your I-485 application and you were successful. So apparently, your judge considered one year already an unreasonable time. I say that because it has been a question for me for a while now what should be the minimum wait time of a I-485 application to be considered "unreasonable" by a judge. I asked a lawyer and she told me it depends on the judge but her rule of thumb is 2 years minimum. I saw other online pages from law firms also mentioning the minimum 2 years. But if you succeed in just one year, that may be good news!

Ok this is how this works.

In this case, the judge never heard the case. USCIS attorney forwarded the summon to field offices and their legal for an initial investigation. If the field office reviewed the case and it seems approvable they would have just approved it. Instead of wasting time responding.

So it is NOT the judge’s determination that 1 year is reasonable. Because USCIS never responded and the case can be closed.

Of course if they do, some judge will say 1 year is reasonable while others will say it’s not.

It’s never hurt to try if you have money. Works best if you have a clean case.

[cabhavinpatel14]

Ok this is how this works.
In this case, the judge never heard the case. USCIS attorney forwarded the summon to field offices and their legal for an initial investigation. If the field office reviewed the case and it seems approvable they would have just approved it. Instead of wasting time responding.
So it is NOT the judge’s determination that 1 year is reasonable. Because USCIS never responded and the case can be closed.
Of course if they do, some judge will say 1 year is reasonable while others will say it’s not.
It’s never hurt to try if you have money. Works best if you have a clean case.

can you please let me know the cost of the lawsuit and name and address of your lawyer ?

thanks

[flando]

can you please let me know the cost of the lawsuit and name and address of your lawyer ?

thanks

I do not hire lawyers and I handle my cases myself.

That being said, the price attorney charge varies and I suggest you google asylum attorney at your local area (or NY/CA).

[waitingGC]

Ok this is how this works.

In this case, the judge never heard the case. USCIS attorney forwarded the summon to field offices and their legal for an initial investigation. If the field office reviewed the case and it seems approvable they would have just approved it. Instead of wasting time responding.

So it is NOT the judge’s determination that 1 year is reasonable. Because USCIS never responded and the case can be closed.

Of course if they do, some judge will say 1 year is reasonable while others will say it’s not.

It’s never hurt to try if you have money. Works best if you have a clean case.

A Writ of Mandamus is filed with a federal Court so someone at a federal level review it and then judge if it is reasonable or not and if they should forward to USCIS or just dismiss it. And I am assuming a judge is the one who does that at a federal level. I agree with you that, once USCIS receives the Mandamus (from a federal Court), they rarely fight it in the Court. Instead, they just adjudicate your case. What you probably meant is what is called "Notice of Intent to File for a Writ of Mandamus". In that case, you just inform USCIS your intention to proceed with a Mandamus before you actually do it.
I am interested about what you meant by that the Mandamus "works best if you have a clean case". Could you please elaborate on that? Thanks

[flando]

A Writ of Mandamus is filed with a federal Court so someone at a federal level review it and then judge if it is reasonable or not and if they should forward to USCIS or just dismiss it. And I am assuming a judge is the one who does that at a federal level. I agree with you that, once USCIS receives the Mandamus (from a federal Court), they rarely fight it in the Court. Instead, they just adjudicate your case. What you probably meant is what is called "Notice of Intent to File for a Writ of Mandamus". In that case, you just inform USCIS your intention to proceed with a Mandamus before you actually do it.
I am interested about what you meant by that the Mandamus "works best if you have a clean case". Could you please elaborate on that? Thanks

You are right in a way but you did not get my point.

If USCIS resolves the case before the judge hears it, the case become moot and a court date is never set so the judge NEVER heard the case so there is no need for ruling for the merit of the case. You can file whenever you want but it is the ruling itself that the judge determine when is reasonable.
Because there is no hearing no determination is needed.
Of course, if you have unresolved security checks USCIS cannot proceed with adjudication so they can respond to court as such. And you might need to have a hearing.

[josh26]

Hello! Can someone please show me steps to apply for a refugee travel document?

[flando]

Hello! Can someone please show me steps to apply for a refugee travel document?

You should file I-131 and follow the instructions here

https://www.uscis.gov/i-131

[gcpending]

Hello friends, After a log wait (59 months) my case has been approved and received my green card. I have submitted multiple out of normal processing time requests, contacted a Senator and Ombudsman. The information on this forum was helpful and I want to say thank you and good luck.

February, 2017 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.
September, 2021 We sent a request for additional evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status (Medical).
October, 2021 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.
November, 2021 We ordered your new card.
November, 2021 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.
November, 2021 We mailed your new card your Form I-485, Application to Register Permanent Residence or Adjust Status, directly to the address you gave us.

[Loveusa99]

gcpending
hi.. if you don’t mind, may i know.
did you granted asylum from asylum officer or judge?
what service center nbc or tsc?and where you from?

[gcpending]

gcpending
hi.. if you don’t mind, may i know.
did you granted asylum from asylum officer or judge?
what service center nbc or tsc?and where you from?

I was granted asylum from I Judge and I was from Africa. My service center was TSC.

[waitingGC]

I do not hire lawyers and I handle my cases myself.

That being said, the price attorney charge varies and I suggest you google asylum attorney at your local area (or NY/CA).

So if you don't mind, how long did you wait before filing a Writ of Mandamus? Thanks

[luckycharm4111]

Hello Friends, I have some great news that my Green Card has been approved after waiting for 31 months. Below are the timelines

April 2019 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

February 2020 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.

March 2021 We denied your request for expedite processing.

October 2021 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.

October 2021 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.

November 2021 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.

November 2021 We mailed your new card your Form I-485, Application to Register Permanent Residence or Adjust Status, directly to the address you gave us.

[Lucky_]

Hello Friends, I have some great news that my Green Card has been approved after waiting for 31 months. Below are the timelines

April 2019 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

February 2020 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.

March 2021 We denied your request for expedite processing.

October 2021 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.

October 2021 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.

November 2021 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.

November 2021 We mailed your new card your Form I-485, Application to Register Permanent Residence or Adjust Status, directly to the address you gave us.

It's really awesome news!!! please accept my congratulations!!!

[waitingGC]

Hello Friends, I have some great news that my Green Card has been approved after waiting for 31 months. Below are the timelines

April 2019 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

February 2020 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.

March 2021 We denied your request for expedite processing.

October 2021 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.

October 2021 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.

November 2021 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.

November 2021 We mailed your new card your Form I-485, Application to Register Permanent Residence or Adjust Status, directly to the address you gave us.

Congratulations! What was the RFE about if I may ask? Thanks

[flando]

So if you don't mind, how long did you wait before filing a Writ of Mandamus? Thanks

Other people’s strategy has nothing to do with your specific case.

However in my opinion, most people can build a strong case if their case has been pending for more than a year and no adjudication actions are taken.