Pursuant to the Adminstrative Procedures Act, if an I-485 adjustment of status or citizenship application is being unreasonably delayed, an individual may file a Writ of Mandamus to force U.S. Citizenship and Immigration Services (USCIS) to make a decision on the application. Not only is the duty of USCIS to adjudicate a petition a mandatory one, courts have upheld that the duty should also be completed within a reasonable time period.
This suit must be filed in the federal district court with jurisdiction over the director of the local USCIS office that has delayed the decision on the application. The court may grant or deny the application, or send the case back to USCIS for a decision.
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