My Adjustment of Status, Interview, or Citizenship has been delayed, delayed, and delayed. What can I do?
For whatever reason (usually security checks, name checks, and/or background checks), some cases are delayed for more than what is considered a reasonable amount of time (anywhere from 120 days to four years!). In these cases, an applicant may file a Mandamus Lawsuit in the Federal District Court having jurisdiction over the local USCIS office that has failed to take timely action on your case.
The court may grant or deny your application or the court may simply instruct USCIS to make a decision on your case. In other words, the court does not have to make a decision about your case; they can leave that entirely up to USCIS.
If your case has been pending for at least 120 days, you may consider pursuing a Mandamus Lawsuit.
UPDATE: Based on current caselaw, it is better to wait at least 15 months prior to filing a Mandamus action. Nonetheless, there are other steps Attorney Pai can take to try to move your case along prior to that 15 month mark.
