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Asylum Interview Delayed and Delayed? You Can File a Writ of Mandamus

Man in interview

Many people have been waiting as long as eight years for their asylum interview. If your asylum interview has been delayed, you can get your interview scheduled quickly by filing for a Writ of Mandamus. Obtaining a Writ of Mandamus is complicated and involves filing a lawsuit in a federal court. You will need experienced legal assistance for the process. Give us a call here at Yekrangi & Associates for a consultation. Our number is (949) 478-4963.

There is nothing to fear about filing a federal lawsuit to obtain a Writ of Mandamus. The purpose is to respectfully and politely ask a federal judge to order the immigration services to schedule your asylum interview. Lawsuits to obtain a Writ of Mandamus are filed often, and the immigration services will not “be angry” if you file one. The federal case usually takes a few months, and the whole process -- including your interview -- can be completed within about six months -- depending on the schedule at the immigration office handling your asylum case. To be eligible for a Writ of Mandamus, a few conditions must be met. These are:

  • You have a pending asylum case
  • You have a clear statutory right to the action by the immigration services -- in this case, a clear right to an asylum interview
  • The immigration authorities have a clear duty to take action -- in this case, a clear duty to conduct an asylum interview
  • There has been an unreasonable or unexplained delay
  • There are no other remedies available other than issuing a Writ of Mandamus – which is true

As can be seen, being successful with a lawsuit to obtain a Writ of Mandamus is complex. Not all individuals are eligible for a mandamus and it depends how long you have been waiting for an interview. If your request for a Writ is denied because the delay has not been sufficiently long, you can always file another lawsuit a few months later.

It is important to note that a Writ of Mandamus will ONLY compel the immigration services to schedule and conduct your asylum interview. The Writ does not and cannot order any particular result from the interview or require the immigration services to approve your asylum application.

Advantages of Filing for a Writ of Mandamus

There are a number of advantages to filing for a Writ of Mandamus. First and foremost, if your delay has been long enough, you will get your asylum interview scheduled and completed within several months. But, in addition, even if no Writ is issued, your case will be brought to the attention of the immigration services. An immigration lawyer for the government will have to inquire about the case and get information. This fact ALONE can help get your asylum interview scheduled and completed. Finally, you will have some peace of mind knowing that you have consulted with top-tier immigration lawyers, that you have options, and that you have taken some action.

Contact Yekrangi & Associates Today

For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone, and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.


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