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  • aaronaisen

How Long Does USCIS Have to Adjudicate My Application Before I Can File a Mandamus Petition?

Updated: Dec 3, 2022

USCIS runs a website called "Check Case Processing Times" at https://lnkd.in/g6fumJ2. This website provides the current processing times for a variety of applications. You simply select your application and it will how tell you long it typically takes to adjudicate that application.


For example, suppose you have an application to become a permanent resident (Form I485) based on employment and you live in Buffalo, NY. You go to the website, select Form I-485 in the first pull down menu, Employment Based Adjustment Applications in the second pull down menu, and Buffalo, NY in the field office or service center pull down menu. Select "Get Processing Time" and the website tells you that 80 percent of all applications are completed in 13.5 months.


If your application has been pending for 24 months, this probably favors a petition for a writ of mandamus. However, if your application has only been pending for 10 months or even 15 months, it still might be a little early. There are some situations in which you can file a petition for a writ of mandamus earlier that that, such as if the failure to process it in a certain amount of time could create a significant hardship.


Give me a call today to discuss whether a petition for a writ of mandamus is appropriate in your case.

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