We have seen the increase of unreasonable delays of many cases by the USCIS. It ranges from asylum, employment authorization, N-400 naturalization before or after the interview, and I-485 adjustment of status.
We have filed more than 600 mandamus actions in federal courts to compel the USCIS or in some cases the FBI to do their job.
Once such recent case involves an asylee who filed her I-485 for green card in February 2013 by another lawyer. Over the years, her lawyer just told her to wait. One of the reason for the delay, we later discovered, is that her previous lawyer's assistant forged a birth certificate for client. US Consulate discovered that fake documents and return her approved I-730 to the USCIS for revocation. The USCIS did in fact revoked her I-730 therefore her child could not join her in the United States.
This client first consulted me about 2 years ago but she decided at that time to continue to wait, hoping a miracle would happen.
After two years waiting, she finally decided to hire us to sue the government.
Within about 35 days, USCIS requested her for another interview.
Then USCIS requested DNA be done to establish the biological relationship of the client and her child.
In less than a month, DNA test was complete and report issued.
I expect a decision from the USCIS soon.
All thanks to the mandamus action in federal court.
In another EB5 application case, after we sued the USCIS, RFE was issued. We can reply to the RFE and resolve the issues. Without the lawsuit, who know how long we will have to wait for a decision from the USCIS.
Last year, we filed several mandamus actions in court to compel the US Consulates in China to issue visas. All resolved in our clients' favor in about 2-3 months.