Mandamus Writ as Last Resort

[Poramin]

After a full two years without having the 485 interview scheduled, our current attorney said our last resort is filing an expensive Mandamus Writ. Note that this is after several SR’s and a congressional inquiry.

We sought a second opinion from another immigration attorney who said we could NOT file the Writ as we have not even has an interview yet.

So who’s right? Anyone have any experience?

P.S. We consulted a THIRD attorney who didn’t even answer the question of whether or not we could file the Writ!!!

[Stormlead86]

Well, the 485 processing time range of x - y months are completely based on your local office workload. So if you have a office where interview is scheduled normally after a year (Seattle comes to mind) then you have to wait. anyhow 2 years seems too much, what are the tier 2 officers saying?

Also i am assuming you are Marriage based and not employment based. (please update your timeline). employment based can go into retrogression and interview can be delayed.

Regarding Mandamus Writ, my attorney said the same thing as the 2nd attorney of yours, unless you have interview already and you have been waiting for decision for an year then you can go ahead with Mandamus. its basically asking them to come up with a clear yes or no about the case.