Reports are showing that the U.S. immigration services have an enormous backlog of Form I-601A petitions. Aliens who are in the U.S. illegally -- by, for example, overstaying their visa -- are unable to apply for green cards -- either family-based or work-based. However, if the alien leaves the U.S. and files for a green card at a foreign consulate, the illegal stay in the U.S. can create a three-year or 10-year bar from being allowed to return to the U.S. The solution is to apply for a waiver of the three-year or 10-year bar. These are often called "unlawful presence waivers." Seeking a waiver is done by filing Form I-601A.
For thousands of applicants, the long delays in obtaining resolutions of their I-601A petitions leave them in legal and practical limbo. They cannot obtain a green card, cannot obtain lawful work, are under constant threat of deportation, and cannot leave the U.S. without potentially being barred from re-entry. The delays are now stretching out to 31 to 36 months, according to reliable reports. That is almost three years. As recently as a few years ago, processing times on I-601A petitions were about four and a half to six months.
One potential solution to the backlog and delays for I-601A petitions is to file a federal lawsuit to request a Writ of Mandamus. The process is legally complex, so you will need experienced legal assistance. Contact us here at Yekrangi & Associates for a consultation. Our number is (949) 478-4963. We have filed many Mandamus lawsuits for our clients with great success.
Filing Mandamus lawsuits is common and normal. So, there is no "danger" or anything to fear in filing a Mandamus lawsuit. The request is made politely to a federal judge, and if the Writ of Mandamus is issued, the federal judge simply orders the immigration services to take action on your I-601A petition. There is no risk that the immigration services will be "angry" and try to "punish" you. Note that a Mandamus lawsuit is not asking the immigration services to approve your I-601A petition. Rather, the lawsuit is simply asking that the immigration services take action.
If you have been waiting more than six months for a response to your I-601A petition, call us, and we can file your Mandamus lawsuit. You are eligible to seek a Writ of Mandamus if you meet the following conditions:
- You have a pending I-601A petition on file
- You have a clear right to action to have your I-601A petition resolved by the immigration services -- which is true
- The immigration authorities have a clear duty to resolve your petition -- which is also true
- There has been an unreasonable delay -- which means your petition has been pending for longer than six months and
- There are no other remedies available other than issuing a Writ of Mandamus -- which is also true
So, it is clear that your Mandamus lawsuit should be successful. Of course, we cannot guarantee any result in an article like this without evaluating the specifics of your case. Contact us today for a consultation.
Contact Yekrangi & Associates Today
For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone, and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.