Mandamus Lawsuits To End I-751 Delays

Another category of immigration petitions that lends itself to especially strong mandamus lawsuits are I-751 Removal of Conditions on Residence petitions.

The purpose of these petitions is to prove your marriage was entered into in good faith in order to receive your 10 year permanent resident card. According to the law, USICS has a maximum of 180 days to decide your case after you file it. They have 90 days if they skip an interview. The relevant parts of the rule states:

(b)(1) . . . The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed.

(c) . . . The director shall adjudicate the petition within 90 days of the date of the interview, unless the interview is waived in accordance with paragraph (b)(1) of this section.

8 CFR ยง 216.4.

USCIS rarely respects this. In fact, current average processing times exceed it by years.

If you are currently stuck in I-751 delay and it is impacting your life, it may be worthwhile to consider a mandamus lawsuit to get a decision and some certainty.

Whether to proceed with any federal litigation is a decision that needs to be considered carefully. It involves a case-by-case analysis and should be done in consultation with an attorney experienced with mandamus litigation.