Asylum Based i-485

[Sunny1122]

Hi

I am planning to file a law suit as well. Filed my I-485 on May 2018, which is about 42 months and still no decision from TSC.

Do you think it’s a good idea if I filed a law suite?

thanks

Not a good idea for me just wait a bit more any minute you will have good news do not ruin all this waiting time for filing any law suit just wait you will have some answer most likely befor December contact your congressman

[Sunny1122]

Thank you! Could you explain to me why? I’m interested to know

Because TSC IS Dead SLOW and NSC you could get your card with in 1 year or so

[waitingGC]

Not a good idea for me just wait a bit more any minute you will have good news do not ruin all this waiting time for filing any law suit just wait you will have some answer most likely befor December contact your congressman

Can you please explain why is not a good idea? Apart from the high attorney fees, it is my impression that there is no down side in filing a Writ of Mandamus. And apparently they are usually very effective.

[Sunny1122]

Once u file law suit it’s automatically stop ur green card application process and it will stop until law suit is final he already wait too long beat thing keep trying with congressman for me it should be better

[Minister LIVINGLION.]

Hello Folks, Hope you are all staying safe. I am forced to write this after so many misinformation (example: "law suit it’s automatically stop ur green card application"), no offense is intended here, so none should be accepted from your ends.
If there is one thing a law suit will do, it is to fast track your case. Just like premium processing, a law suit makes USCIS decide your case faster, but it doesn't dictate the outcome, which may be approval or denial. If USCIS will deny your case in 6 months, they will still deny it even if you wait for 60 months, and if you case is approvable in 6 months it will still be approved even after 60 months of wait. Because law suit makes USCIS decide on your case quicker, you will have the opportunity to receive decision quickly.

My Update.

June 2020: sent adjustment of status documents to USCIS (with receipt SRC.....) two persons.
May 2021: Filed for expedited processing for both cases and expedited processing was denied for both receipts.
Early June, two weeks to I year anniversary for both cases, had my lawyer file a law suit for both cases.
July 6, 2021: All summonses were delivered to USCIS and every office/one included in the suit.
August 5, 2021: Card / Document Production. For both cases.

Long story short, the best way to unstuck your case and move it forward and get decision faster is through a law suit. Downside to that is the fact that it is very expensive.

[flando]

Because TSC IS SEAD SLOW and NBC you could get your card with in 1 year or so

Please stop all these BS and false information.

NBC does not adjudicate any cases. It's only process your petitions, i.e. open your packet, sort them and prepare them for sending to service centers or field offices.

Based on USCIS data, they seem to have stopped sending new asylm based I485s to service centers, but is sending to field offices instead.

[flando]

Once u file law suit it’s automatically stop ur green card application process and it will stop until law suit is final he already wait too long beat thing keep trying with congressman for me it should be better

This is another BS and false information.

Filing a suit will NOT stop your case. In most cases USCIS will fast track your case and resolve very quickly.

In an unlikely event they do not, it's mostly because of security concerns which if you do not file a case, nobody will be able to help you neither.

For most people, Mandamus is the best option to have their case adjudicated.

congress peson will have no help at all.

[waitingGC]

Hi

I am planning to file a law suit as well. Filed my I-485 on May 2018, which is about 42 months and still no decision from TSC.

Do you think it’s a good idea if I filed a law suite?

thanks

In your case since it has been 42 months (which is more than an average including for TSC), you can try to contact the Ombudsman first and if they do not help, you can file the Mandamus.

[asylumvn]

Hello Folks, Hope you are all staying safe. I am forced to write this after so many misinformation (example: "law suit it’s automatically stop ur green card application"), no offense is intended here, so none should be accepted from your ends.
If there is one thing a law suit will do, it is to fast track your case. Just like premium processing, a law suit makes USCIS decide your case faster, but it doesn't dictate the outcome, which may be approval or denial. If USCIS will deny your case in 6 months, they will still deny it even if you wait for 60 months, and if you case is approvable in 6 months it will still be approved even after 60 months of wait. Because law suit makes USCIS decide on your case quicker, you will have the opportunity to receive decision quickly.

My Update.

June 2020: sent adjustment of status documents to USCIS (with receipt SRC.....) two persons.
May 2021: Filed for expedited processing for both cases and expedited processing was denied for both receipts.
Early June, two weeks to I year anniversary for both cases, had my lawyer file a law suit for both cases.
July 6, 2021: All summonses were delivered to USCIS and every office/one included in the suit.
August 5, 2021: Card / Document Production. For both cases.

Long story short, the best way to unstuck your case and move it forward and get decision faster is through a law suit. Downside to that is the fact that it is very expensive.

Thanks for your sharing. Would you mind sharing us what the judge say? As your timeline I see you only wait for 1 year and then file a lawsuit. Many of us here were waiting much longer than that and still considering it is unreasonable processing time or not.

[Minister LIVINGLION.]

Thanks for your sharing. Would you mind sharing us what the judge say? As your timeline I see you only wait for 1 year and then file a lawsuit. Many of us here were waiting much longer than that and still considering it is unreasonable processing time or not.

In this case, USCIS did not file any motion. According to my lawyer the agency had 60 days to respond but they approved the applications in about 30 days after receiving the summon.

[A1000]

How can I submit an expedited process request?

[Sunny1122]

Please stop all these BS and false information.

NBC does not adjudicate any cases. It's only process your petitions, i.e. open your packet, sort them and prepare them for sending to service centers or field offices.

Based on USCIS data, they seem to have stopped sending new asylm based I485s to service centers, but is sending to field offices instead.

Ok take it easy it was typing error I meant nebraska service center every one in this form knows tsc taking way long to make decisions Thank you hope duly u understand my point

[Sunny1122]

This is another BS and false information.

Filing a suit will NOT stop your case. In most cases USCIS will fast track your case and resolve very quickly.

In an unlikely event they do not, it's mostly because of security concerns which if you do not file a case, nobody will be able to help you neither.

For most people, Mandamus is the best option to have their case adjudicated.

congress peson will have no help at all.

Ok take it easy I have some good examples of friends or mine and family members all cases Demario’s are different with many perspectives so I wrote based on my own experience and I witness on some cases that law suit make your case more sensitive hope fully we all get good news Soon thanks and good luck

[waitingGC]

Once u file law suit it’s automatically stop ur green card application process and it will stop until law suit is final he already wait too long beat thing keep trying with congressman for me it should be better

What I have heard is that USCIS never fights the Writ of Mandamus in Court- once they receive it, they just go and pick up your case from the pile and adjudicate. It is not worthy for them to fight those type of cases! Moreover, the lawsuit only asks them to adjudicate, not to approve. So the greencard application never stops! But if you have any solid example of someone who had a different experience, please share with us.

[waitingGC]

Hello Folks, Hope you are all staying safe. I am forced to write this after so many misinformation (example: "law suit it’s automatically stop ur green card application"), no offense is intended here, so none should be accepted from your ends.
If there is one thing a law suit will do, it is to fast track your case. Just like premium processing, a law suit makes USCIS decide your case faster, but it doesn't dictate the outcome, which may be approval or denial. If USCIS will deny your case in 6 months, they will still deny it even if you wait for 60 months, and if you case is approvable in 6 months it will still be approved even after 60 months of wait. Because law suit makes USCIS decide on your case quicker, you will have the opportunity to receive decision quickly.

My Update.

June 2020: sent adjustment of status documents to USCIS (with receipt SRC.....) two persons.
May 2021: Filed for expedited processing for both cases and expedited processing was denied for both receipts.
Early June, two weeks to I year anniversary for both cases, had my lawyer file a law suit for both cases.
July 6, 2021: All summonses were delivered to USCIS and every office/one included in the suit.
August 5, 2021: Card / Document Production. For both cases.

Long story short, the best way to unstuck your case and move it forward and get decision faster is through a law suit. Downside to that is the fact that it is very expensive.

Wow, you filed the Mandamus after only one year of filing your I-485 application and you were successful. So apparently, your judge considered one year already an unreasonable time. I say that because it has been a question for me for a while now what should be the minimum wait time of a I-485 application to be considered "unreasonable" by a judge. I asked a lawyer and she told me it depends on the judge but her rule of thumb is 2 years minimum. I saw other online pages from law firms also mentioning the minimum 2 years. But if you succeed in just one year, that may be good news!