Mandamus Litigation and Visa Retrogression

A mandamus lawsuit can compel USCIS to act on a long-pending case — but only if the agency is legally allowed to do so. If visa retrogression occurs and the applicant’s priority date is no longer current, USCIS is barred from adjudicating the case, even if a lawsuit has been filed. A recent case we handled illustrates the narrow window available in these situations. Our client had an I-485 adjustment of status petition that had been pending for a long time. He retained us in late February while his priority date was still current, and we filed a mandamus complaint shortly thereafter. In early March, the April Visa Bulletin was released — announcing a retrogression for his category that would take effect April 1. This gave us only a few weeks before USCIS would be legally barred from taking further action. We contacted the U.S. Attorney's office assigned to the case to emphasize the urgency of the situation. Because of our existing relationship and the time-sensitive nature of the matter, the case was fortunately expedited. The client received a prompt biometrics appointment and his I-485 was approved just days before the retrogression took effect. When a petition is delayed and the priority date is current, it’s important to act quickly if there’s a risk of retrogression, which can significantly extend wait times. Have a question..... CALL or EMAIL for a free consultation. ABOUT US Sarraf Gentile LLP is a law firm focused on representing individuals nationwide in immigration matters, class actions and other complex federal and state litigation. The Firm's cases have collectively recovered over $2 billion. CONTACT US Web: www.sarrafgentile.com Email: [email protected] Phone: 516-899-8890 Copyright Sarraf Gentile LLP ATTORNEY ADVERTISING PRIOR RESULTS DO NOT GUARANTEE SIMILAR OUTCOME Please note that the information provided in this video and on our website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available therein are for general informational purposes only. Information in this video and on our website may not constitute the most up-to-date legal or other information. Viewing this video, commenting below, visiting our website, calling, writing our office, sending an email, or contracting us by any means does not create an attorney-client relationship. #mandamus #visaretrogression #retrogression