Asked about 1 year ago - Phoenix, AZFlag
I did file Pro Se Writ Of Mandamus at the US District court because I have filed an appeal on my i-485 deny, it has been almost 3 years now the local USCIS office doesn't conceder my motion to reopen, either doesn’t sent my file to the appeal board, they hold my file at the local office in Phoenix AZ without any action/decision for 3 years now!!
it has been over 60 days since I serve the defendants with my Writ Of Mandamus summons, and filed certificate of service with the court, I didn’t get any call from the U.S. attorney, no response/answer from them filed, and no extension request filed!!
I need help to know what it should be my next step to take, what action I should file? if anyone have a sample file or template to use this will be greatly appreciated.
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I agree you need good counsel. There is no appeal from a denied I-485, although it may be renewed in removal proceedings before an immigration judge. USCIS would need to make a decision on a motion to reconsider, if it was properly filed on form I-290B in a timely manner within 30 days after the denial. There might be a mandamus action against the USCIS to obtain a decision on a motion to reconsider, but it would not force USCIS to approve the I-485 or issue a Notice to Appear.
I also suggest you check with your local bar association, as well as law schools and low-cost legal services agencies to see if there resources in your area for low cost or free legal services.
Scott D. Pollock
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