Maloy Carver
May 23, 2025
How can I take a case from Uscis (so that I don't have to wait for an interview) and file a case in court? Is it possible to do this?
#589 #i589 #uscis
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Lilo PelekaiMay 23, 2025
@Maloy Carver You can't.
You cannot voluntarily move your asylum case from USCIS to court just because you’re tired of waiting. Court-based asylum (called defensive asylum) is for those already in removal proceedings, meaning the government is actively trying to deport them.
You don’t want to be referred to court unless you have no choice, because at that point it’s a trial. You’d be defending yourself against deportation in front of a judge—with DHS (the government) trying to poke holes in your story and deport you.
If your asylum case is pending too long, the better route is suing USCIS in federal court through a writ of mandamus (you need an immigration attorney for that). That forces them to take action—approve, deny, or schedule the interview—without putting you at risk of being removed from the U.S.
Please talk to a licensed immigration attorney before doing anything. Immigration court is not faster, and definitely not safer.
God is good . Everything will be OK May 23, 2025
in my case after 6 year they finally schedule my affirmative asylum interview now again it sawing they rescheduled!! what’s reason for them to reschedule means in twice in one month before my interview??
Carla NMay 24, 2025
you can sue the Uscis in court and it depends on how long you have been waiting! a friend of mine sue them after waiting for 8 years abd got her asylum case approved afterwards
ADILET BMay 29, 2025
actually u can apply for Mandamus, if u wait for 4 years and hadn’t get interview yet
