Common USCIS Mistakes and How They Can Support a Mandamus Lawsuit

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Leveraging USCIS errors to your benefit

USCIS is tasked with processing asylum applications efficiently and fairly, but mistakes happen. These errors can lead to significant delays, incorrect decisions, or a lack of response. For applicants stuck in limbo, these errors can form the basis of a mandamus lawsuit, compelling USCIS to act. This article explores common USCIS mistakes and how they can strengthen your case for filing a mandamus.

Typical USCIS Errors

  • Unreasonable Delays: USCIS sometimes takes years to process asylum applications or fails to schedule interviews within a reasonable time. Prolonged delays without a valid explanation can violate your right to timely adjudication.
  • Administrative Errors: Cases can be mishandled due to misfiling, lost documents, or incorrect data entry. For example, USCIS might incorrectly record your address or lose evidence you submitted.
  • Lack of Response: USCIS often fails to respond to inquiries or expedite requests, leaving applicants without updates on their cases.
  • Errors in Communication: Applicants may not receive notices of hearings, RFEs (Requests for Evidence), or other critical updates due to USCIS sending documents to the wrong address or not issuing them at all.
  • Incomplete Review of Evidence: USCIS officers may overlook or fail to review submitted evidence thoroughly, leading to unfair denials or delays.

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How These Errors Support a Mandamus Lawsuit

Mandamus lawsuits are a legal tool to compel USCIS to take action when delays or inaction are unreasonable. These common USCIS mistakes can provide the foundation for such a lawsuit:

  • Proving Unreasonable Delay: If USCIS takes an unusually long time to process your application without justification, it may violate the Administrative Procedure Act (APA). Demonstrating this delay strengthens your mandamus case.
  • Highlighting Administrative Errors: Showing that USCIS lost your documents, recorded incorrect information, or mishandled your case can demonstrate a failure to fulfill their duties.
  • Demonstrating Harm: Prolonged delays or errors can cause harm, such as emotional distress, financial hardship, or risk to your safety. Documenting these impacts can make your case more compelling.
  • Request History as Evidence: If USCIS has ignored multiple inquiries, expedite requests, or FOIA (Freedom of Information Act) requests, this pattern of inaction supports your claim.

Steps to Prepare for a Mandamus Lawsuit

Before filing a mandamus lawsuit, it’s important to document USCIS errors and delays thoroughly. Follow these steps:

  1. Track Communication: Keep records of all correspondence with USCIS, including inquiries, requests, and responses (or lack thereof).
  2. Request Case Status: Submit inquiries about your case through the USCIS Contact Center and save confirmation numbers and replies.
  3. File FOIA Requests: If you suspect USCIS lost documents or mishandled your case, request a copy of your file through FOIA.
  4. Document Harm: Collect evidence of how delays or errors have impacted your life, such as medical bills, financial statements, or letters of support.
  5. Seek Legal Advice: Consult an attorney familiar with mandamus lawsuits to evaluate your case and prepare the necessary filings.

Sample USCIS Error and Mandamus Case

Consider the following scenario:

A family filed their asylum application with USCIS but waited over three years for an interview without updates. During this time, USCIS sent an RFE to an old address, even though the family had filed an address change. As a result, their application was marked incomplete, and the delay extended further. The family documented their hardship, tracked all inquiries to USCIS, and used these errors as the foundation for a successful mandamus lawsuit, which compelled USCIS to schedule their interview promptly.

Final Thoughts

USCIS mistakes are frustrating, but they can be leveraged to take action through a mandamus lawsuit. By documenting errors, delays, and their impact on your life, you can build a strong case to compel USCIS to act. If you need help preparing a mandamus lawsuit, our team can guide you through the process step by step.