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Asylum Application Pending for a Long Time?


How to Expedite the Process and Get an Interview Quickly

Seeking asylum in the United States can be a long and arduous process. It’s not uncommon for individuals and families who have faced persecution, violence, or threats in their home countries to wait years for their asylum interviews. This waiting period is often a source of great stress and anxiety.

If you are dealing with such a delay, there is a solution that may help expedite your asylum interview and move your case forward more quickly: the Writ of Mandamus. Read on to learn more about the Writ of Mandamus, how it can be used in the context of asylum applications, and when you might consider using it.

What is a Writ of Mandamus?

A Writ of Mandamus is a legal remedy that can be used to compel a government agency or official to fulfill their official duties when they have unreasonably delayed or refused to act. In the context of immigration, a Writ of Mandamus can be filed to prompt U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS) to process pending applications and petitions in a timely manner.

Using Writ of Mandamus for Asylum

For individuals with pending asylum applications, it is possible to use a Writ of Mandamus to request that the immigration authorities expedite your case. This writ can be a powerful tool for those who believe their asylum application has been unreasonably delayed. The primary goal of the Writ of Mandamus is to move your asylum interview forward and compel immigration officials to make a decision on your case.

When to Consider Using a Writ of Mandamus

Even in the best of circumstances, applying for asylum can be challenging, complicated, and fraught with extensive waiting periods. But there are situations in which these delays become unreasonably lengthy, leaving applicants in a state of limbo. In such circumstances, the Writ of Mandamus may be capable of breaking through bureaucratic inertia and catalyzing action. In each of the scenarios below, the Writ of Mandamus could help to expedite the process and get you an asylum interview quickly.

  • Excessive Delays — If your asylum application has been pending for an extended period without any updates or progress, and you believe this delay is unreasonable, a Writ of Mandamus may be a viable option.
  • Changed Circumstances — If you can demonstrate that your personal circumstances or the conditions in your home country have significantly changed, and this change could impact your eligibility for asylum, you might consider a Writ of Mandamus to request a prompt review of your case.
  • Humanitarian Concerns — In cases where there are pressing humanitarian concerns, such as family separation or urgent medical needs, using a Writ of Mandamus may help expedite your asylum interview.

The Process of Filing a Writ of Mandamus

Filing a Writ of Mandamus is a complex legal process, and it is essential to work with an experienced immigration attorney who can guide you through the following steps:

  • Consultation — Your attorney will evaluate your case and determine if filing a Writ of Mandamus is appropriate.
  • Drafting the Petition — Your attorney will prepare the legal documents, including the petition for the Writ of Mandamus, detailing the reasons for your request.
  • Filing the Petition — The petition will be filed with the appropriate federal court, challenging the unreasonable delay in your asylum case.
  • Responding to Legal Challenges — The government may contest your petition, and your attorney will need to respond to their arguments.
  • Court Proceedings — A federal judge will review the case, and a court hearing may be scheduled.
  • Outcome — The judge will make a decision, which may include ordering USCIS or DHS to take action in processing your asylum application.

Contact an Orange County Immigration Lawyer Today

For individuals with asylum applications pending for a long time, using a Writ of Mandamus can be a powerful tool to expedite the asylum interview process. However, this legal remedy should only be pursued with the guidance of an experienced immigration attorney who can navigate the complex legal procedures and advocate on your behalf.

If you or a loved one is experiencing extensive delays in your asylum application, Yekrangi & Associates can help you determine if a Writ of Mandamus is the right course of action. Remember, everyone's case is unique, and legal advice tailored to your specific situation is invaluable when seeking asylum in the United States. Contact Yekrangi & Associates today for a consultation and to learn more about this powerful tool.

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