SPECIALTY – WRIT OF MANDAMUS: WHAT TO THINK, WHAT TO EXPECT
Here is some advice if you are thinking about taking action like filing a writ of mandamus:
Do not be afraid of “suing the government.” Think of suing as “demanding your rights.”
Do not make a decision to sue based on frustration or impatience. You will lose.
Talk to your lawyer. Do not hide anything. Everything you tell your lawyer is protected by attorney-client privilege and cannot be shared by the attorney to anyone else. If you do not tell your lawyer the whole story, he will not be able to help you.
If your lawyer doesn’t seem interested in going through your entire immigration history, find a different lawyer.
List all the equities in your case. What makes your wait so unbearable?
Where you come from can make a difference. People from Muslim countries are frequent victims of the CARRP program. Nationals of the People’s Republic of China (PRC) also experience higher than normal scrutiny and delays on applications for green cards (I-485) and citizenship (N-400).
If you are outside the normal processing time but it hasn’t really been that long, start creating a paper trail. Every time you contact CIS to follow up, make sure you get something in writing. Keep copies of all letters you send, and send them by certified mail, return receipt requested. If enough time passes, enlist the help of your local US Congressman, or the CIS Ombudsman’s Office. When you make an InfoPass appointment, keep another copy of the appointment sheet. If the time comes that you do need to file a writ of mandamus, you will have to show “exhaustion of administrative remedies.” This means you have to show the judge that you tried to resolve this issue in many different ways before you came to court.
Do not file a writ of mandamus by yourself. At least consult with an attorney beforehand.
Do not copy and paste various writs of mandamus “samples” that are available on the Net.
Make sure you and your attorney have reviewed the latest writ of mandamus cases in your jurisdiction to see how courts are treating them. One good website to visit is the American Immigration Council’s litigation clearinghouse page on mandamus.
Mandamus is not necessarily a “quick fix” so do not expect quick results
Don't just take our word for it. See what people have to say about us:
I just came from my GC interview and i couldn't be any happier, thank God. The HMA Law Firm took my case very seriously and helped me a great deal. I would like to thank brother Hassan, sister Sharifa, Melissa and my long lost brother Faisal Khan. Faisal Khan is one of the nicest persons God's ever created, he worked in my case with passion and gave me hope when I was the most sad and hopeless. Faisal Khan is a true Hero and it is a true blessing to have him working on my case. I will recommend the HMA Law Firm to all my friends.
NK, Silver Spring, MD
I can't thank you enough for the time and extraordinary effort you and your firm put forth for my case. Your diligence and expertise in handling my complex legal case was key to our successful outcome. I would recommend your services to anyone in need and will definitely continue to seek your support as we proceed. Thank you again.
PT, Ashburn, VA
I got to know Mr. Ahmad through my husband's former co-worker. He was very friendly and willing to work with my specific case. He was also quick to correspond to all of your questions, and was very clear on what needed to be done to have a successful result. I truly enjoyed working with him over the years, and I was fortunate to have him as my attorney.
KF, Front Royal, VA
Recommend Hiring Mr.Hassan from HMA law firm even in my sleep, he is amazing very very responsive, We had our case hanging with USCIS for over 2 years when we hired Mr.Hassan, today we are Citizens. He worked on our case so closely and unlike lot of big firms where they have no idea whats happening on your case until you ask them, He would always give us updates even if we don't follow up and follows up with USCIS so closely for us. Very professional and a very very humble person.
SR, Vienna, VA
I've retained HMA Law Firm for my wife's green card process and the end result exceeded our expectation as we didn't have an easy case to start with but, Hassan and his team made it all possible not only that but the quick response and call backs to whenever we had questions or concerns helped us feel at ease and positive. My wife is here in USA now and that's thankfully to HMA and my friend whom referred me to them. Greatly appreciate always HMA TEAM