At the most recent National AILA Conference in Las Vegas, it was noted that a large number of cases have been held in the USCIS system for unreasonable lengths of time. While the FBI and the USCIS have worked together to speed up the background checks often causing the delays in adjudication, there are some cases that need an extra push. For those immigrants who are experiencing undue delay or inaction for adjustment of status and citizenship applications, a Writ of Mandamus (WOM) could be the defining factor in your case. Z&A has had success in the past with filing WOMs for our clients.
For example, Dr. Rafton contacted Z&A inquiring on our expertise for help in resolving an excessive USCIS delay in processing his application for adjustment of status to permanent resident.
December 2008: Co-Managing Attorney Jerry Zhang met with Dr. Rafton for a free evaluation. Since WOMs are very fact specific, Attorney Zhang went through the facts of Dr. Rafton’s case very carefully and suggested that he had a very good cause for a WOM.
December 2008: Dr. Rafton retained our services. His case was immediately assigned to Attorney Jeannette Golubovic.
Dec. 2008 – May Over the course of the next 5 months, Attorney Golubovic
2009: diligently used her resources to assist Dr. Rafton in exhausting all of his administrative remedies to build up a strong case for his WOM. This included the following:
1) Exhausting all Administrative Remedies: Contacting USCIS, FBI, AILA, making InfoPass appointments for Dr. Rafton and contacting local US representatives and the US President to enlist their help.
2) Drafting a Court Brief: This includes research on case law for Dr. Rafton regarding favorable courts for his specific case.
3) Sending a Demand Letter to necessary defendants allowing for a 30 day response time: It is vital at this point to list the proper defendants to the case, which include but are not limited to the US Attorney General, the FBI, the Director of the USCIS, the Secretary of the Department of State, etc…
May 1, 2009: Attorney Golubovic sent out the demand letter with a copy of her drafted court brief to all defendants;
June 1, 2009: Since no response was received, Attorney Golubovic filed a WOM for Dr. Rafton in the relevant federal district court sympathetic to his case.
June 4, 2009 Only 3 days after filing the WOM, Attorney Golubovic received a phone call from both the US Department of State and the local USCIS field office informing her that Dr. Rafton and his wife’s I-485 was approved and that the printing of their green cards had been requested.
June 24, 2009 Dr. Rafton and his wife received their green cards in the mail.
This outcome was very fortunate as it has now enabled Dr. Rafton to accept job offers that had been pending due to the delay in his green card adjudication. Our offices were extremely happy to have been able to help Dr. Rafton and his wife achieve a positive result with speed. In her experience, Attorney Golubovic has noticed that often times the matter of delay is resolved before a full trial is entered into. As is evidenced with Dr. Rafton’s case, there are times where an excessive delay has left you little choice but to push the USCIS with a WOM. We encourage those of you who may be facing similar situations and who are interested in exploring possible solutions to contact us for a free evaluation.
On Saturday July 25, 2009, senior Attorneys at Zhang & Associates will hold seminars in eight cities. Our attorneys will talk about H-1B, NIW, EB-1, PERM, etc.
Houston: 10:30am~12:00pm CST Presenter: Attorney Victor Bush
Chicago: 10:30am~12:00pm CST Presenter: Attorney Annie Yang
New York: 10:30am~12:00pm EST Presenter: Attorney Jing Amy Feng
Los Angeles: 10:30am~12:00pm PST Presenter: Attorney Daqin Zhang
Austin: 10:30am~12:00pm CST Presenter: Attorney Jeannette Liu Golubovic
Iowa city: 1:00am~2:30pm CST Presenter: Attorney Jerry Zhang
Urbana: 2:00am~3:30pm CST Presenter: Attorney Jane Xu
Boston: 10:30am~12:00pm EST Presenter: Attorney Joe Jian Zhou
All seminars will be conducted in English. If you are interested in this seminar, please click the following link to register:
*Attorney Jeannette Liu Golubovic is an Associate Attorney at Zhang & Associates, PC (www.hooyou.com). Jeannette has much experience with a practice that includes employment/business & family immigration and international law practice. Jeannette has a proven record of successful cases, including Writ of Mandamus, NIW, EB1A, EB1B and Family based Green Cards including difficult USCIS interviews. Jeannette received her JD and LLM, degrees from the University of Tulsa School of Law and the University of Houston Law Center. She may be reached at firstname.lastname@example.org.