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Is it appropriate to hire an attorney to file a writ of mandamus after AOS interview on April 5,2013 without any decision yet?

Duncanville, TX |

My US citizen wife and I went for my AOS interview on April 5,2013 in Dallas,TX.The IO told us to expect a decision within 1 month,however up till today we've not received any decision.We ordered an infopass 3 weeks ago in which the lady we met told us that the process is prolonged for NIgerians like myself and my wife (she was born in Nigeria,but she's now a US citizen).She told us to brace up for at least 1 year before getting any decision.However,she said that there seems to be no problem or issue with our interview.We provided life,auto and health insurance,pictures,joint lease,joint bank accounts etc.We're thinking of hiring an attorney to file a writ of mandamus for a decision.We don't want to be under this kind of deliberate psychological torture from USCIS office in Dallas.

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Attorney answers 4


Given these facts you can consult an attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


Don't do it. For naturalization there is a set term for the decision - 120 days from the day of the interview, for AOS the standard is reasonableness. If there is a backlog, your delay is very reasonable. Instead schedule an Infopass appointment which you would have to schedule anyway and then wait for the results before you can proceed with Writ of Mandamus.


I know the psychological toll that an Adjustment of Status petition can take on the petitioner and the beneficiary first hand-both from my clients and members of my own family. The key thing to remember is patience is not only a virtue but an absolute necessity. I highly recommend that you to consult an experienced immigration attorney regarding your matter but be advised that a Writ of Mandamus is a pretty expensive undertaking for you. A Writ of Mandamus is a Federal Lawsuit basically forcing a government official to do their job. If your interview was in April of this year, I would just wait some time longer. It is unfortunate that the USCIS delays certain members of our society and expedites immigrants coming from places such as Western Europe but it is just a fact of life. Be patient. If you start approaching even a year, a Writ of Mandamus is something to consider more.

The information provided here is simply an answer to your question to the best of my knowledge. I am not your attorney and you are not my client. A true answer can only be given when an experienced attorney has read over your entire file and knows your complete history. No Attorney-Client relationship is established by this answer.


Way too early for a mandamus.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.