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Overcoming Delays in Asylum Cases: The Strategic Use of Writ of Mandamus

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Waiting for an outcome, especially on critical matters like an asylum application, can be extremely frustrating. Most asylum applications are filed due to the applicant facing life-threatening circumstances or severe risks to their livelihood in their home country and dany unreasonable delay in such cases would only be adding to the woes. Fortunately, a Writ of Mandamus can be an effective legal remedy in cases like this. While anyone can file a Writ of Mandamus, our experience has shown that the best results are achieved when applicants complete four crucial steps beforehand:

1. Ensure Consistency in Documentation

When submitting an asylum application, it is essential that all documents align and support a cohesive narrative. For example, if Rahim previously traveled to the USA on a visitor visa and stated he was a teacher, but later claimed asylum as a political activist from Bangladesh facing persecution, the inconsistency could weaken his case. All documents must reinforce the story presented in the asylum application.

2. Inquire About Delays with USCIS

Once you have applied for asylum, if your asylum application is facing an unreasonable delay, your first step should be to contact the United States Citizenship and Immigration Services (USCIS). You can reach out via phone or email to inquire about the status of your case.

3. Seek Assistance from a Congressman or Senator

If contacting USCIS does not resolve the delay, the next step is to reach out to a congressman or senator. Be sure to approach a federal representative, as state-level representatives do not have jurisdiction to inquire over immigration matters. Once contacted, their office can inquire into your case with USCIS on your behalf.

4. Contact the Office of the Ombudsman

Subsequently, you also have the option to request assistance from the Ombudsman’s office in your state. To find the relevant office, simply search for “Office of Ombudsman + [Your State]” online. The Ombudsman can inquire with USCIS on your behalf as well.


It is important to note that all these services are free of charge and can be done from the comfort of your home. In many cases, following these steps can lead to a resolution.
However, given the large volume of cases at USCIS, there remains a possibility that no remedy will be provided despite following these steps. In that situation, a Writ of Mandamus becomes the final option. Filing a Writ of Mandamus ensures that you will receive a decision on your asylum application, particularly if the case has been unreasonably delayed. When filed strategically, with the support of experts, it can end the delay.


In our practice at Raju Law, we typically recommend filing a Writ of Mandamus if the delay exceeds two years, as we have observed higher success rates with this timeline. However, if your case is urgent and well-prepared, you may consider filing sooner. Keep in mind that US courts view the Writ of Mandamus as a “drastic remedy” and expect it to be used as a last resort. That is why it is advisable to complete the four steps before pursuing this legal option.

Conclusion

In conclusion, the Writ of Mandamus can be an effective tool for addressing long-pending asylum cases, provided it is used judiciously and as part of a well-thought-out strategy.

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