Bernard P Wolfsdorf
Immigration AttorneyI can only comment about the mandamus actions we have filed and so far we have been successful in resolving all matters subject to mandamus actions.
What is the success rate of the Writ Of Mandamus for I-526 adjudication delay? How long has to wait before filing Mandamus after tried and failed in other approaches?
I can only comment about the mandamus actions we have filed and so far we have been successful in resolving all matters subject to mandamus actions.
There is no standard success rate. Whether a Writ succeeds or not depends on the merit of the case it is based on and series of factors, including but not limited to, for example the length of how long the case has been pending.
It depends. My cases have had 100% success. But if you are too aggressive on filing before normal processing times, USCIS is likely to fight the mandamus and you risk losing before the judge. March 2018 is the cutoff we are currently using, unless there are special circumstances.
I have not seen any successful cases, but perhaps they have not been reported widely.
Writs are very effective in forcing adjudication of i526s. There is no hard rule on when to file the Writ, but if you have exhausted all other venues and the petition has been pending more than 12 months, it is probably OK to proceed.
The success rate for a writ of mandamus for I-526 adjudication delay is quite high if your I-526 petition has been pending for at least two years.
We have had a lot of success with Writs. Of course, this only forces USCIS to make *a* decision, not necessarily an approval.