if it’s over the 17 months as it says in the website,why don’t you writ a mandamus ?

@Larry and Daniela Giles how do I do it

@mirian kkkk A **writ of mandamus** is a legal order issued by a court compelling a government official or agency to perform a duty they are legally obligated to complete. In the context of immigration, a writ of mandamus can be used to compel U.S. Citizenship and Immigration Services (USCIS), U.S. Department of State (DOS), or other immigration authorities to make a decision on a delayed immigration application or petition. Below is a general guide on how to draft and file a writ of mandamus to expedite an immigration process. However, this is a complex legal process, and it is highly recommended to consult with an experienced immigration attorney to ensure proper preparation and filing. --- ### Steps to Write and File a Writ of Mandamus: #### 1. **Determine Eligibility for Mandamus Relief** - A writ of mandamus is appropriate when: - There has been an unreasonable delay in processing your immigration application or petition. - The delay is not due to your own actions (e.g., failing to submit required documents). - The agency has a clear legal duty to act (e.g., adjudicate your case). - Examples of delays: USCIS has not made a decision on an I-485 (Adjustment of Status) application, or the DOS has not scheduled a visa interview after significant waiting. #### 2. **Draft the Complaint** - A writ of mandamus is filed as a lawsuit in federal district court. The complaint should include: - **Caption**: Identify the court, plaintiff (you), and defendant (the government agency or official, e.g., USCIS Director or Secretary of State). - **Jurisdiction and Venue**: Explain why the court has jurisdiction over the case and why the venue is appropriate. - **Factual Background**: Describe your immigration case, including: - The type of application or petition filed (e.g., I-130, I-485, etc.). - The date it was filed. - The current status of the application (e.g., "pending"). - Any steps you have taken to follow up (e.g., inquiries, expedite requests). - **Legal Argument**: Argue that: - The agency has a clear legal duty to act. - The delay is unreasonable and unjustified. - You have no other adequate remedy (e.g., you cannot simply reapply or file a new petition). - **Prayer for Relief**: Request that the court issue a writ of mandamus compelling the agency to make a decision within a specific timeframe. #### 3. **File the Complaint** - File the complaint in the appropriate federal district court (usually where you reside or where the agency is located). - Pay the filing fee (typically $402 as of 2023, but confirm the current fee). - Serve the complaint on the defendants (the government agency and officials named in the lawsuit). #### 4. **Await the Government’s Response** - The government will typically file a response, which may include: - A motion to dismiss (arguing that the delay is not unreasonable or that the court lacks jurisdiction). - A request for more time to adjudicate your case. - Be prepared to respond to the government’s arguments. #### 5. **Court Decision** - If the court agrees that the delay is unreasonable, it may issue a writ of mandamus ordering the agency to act within a specific timeframe. - If the court denies the writ, you may have the option to appeal. --- ### Sample Outline of a Mandamus Complaint: ```plaintext UNITED STATES DISTRICT COURT FOR THE [DISTRICT NAME] [Your Name], ) Plaintiff, ) v. ) Case No.: [XXX] Alejandro Mayorkas, Secretary ) of Homeland Security, et al., ) Defendants. ) COMPLAINT FOR WRIT OF MANDAMUS I. INTRODUCTION - Briefly state your request for a writ of mandamus to compel the defendants to adjudicate your immigration application. II. JURISDICTION AND VENUE - Explain why the court has jurisdiction and why the venue is appropriate. III. PARTIES - Identify yourself (Plaintiff) and the defendants (e.g., USCIS, DOS, or specific officials). IV. FACTUAL BACKGROUND - Describe your immigration case, including: - The type of application or petition filed. - The date it was filed. - The current status and any follow-up actions taken. V. CAUSE OF ACTION (MANDAMUS) - Argue that: - The defendants have a clear legal duty to act. - The delay is unreasonable and unjustified. - You have no other adequate remedy. VI. PRAYER FOR RELIEF - Request that the court issue a writ of mandamus compelling the defendants to adjudicate your application within [X] days. Respectfully submitted, [Your Name] [Your Address] [Your Contact Information] ``` --- ### Important Notes: 1. **Legal Representation**: Filing a writ of mandamus is a complex legal process. An experienced immigration attorney can help you draft the complaint, file it correctly, and represent you in court. 2. **Unreasonable Delay**: Courts generally require evidence of an unreasonable delay (e.g., several years of waiting) before granting mandamus relief. 3. **Alternative Options**: Before filing a writ of mandamus, consider other options, such as: - Filing a service request with USCIS. - Contacting your congressional representative for assistance. - Filing a formal expedite request (if you meet the criteria). By following these steps and working with an attorney, you can increase your chances of successfully compelling the immigration authorities to act on your case.

march 2023 here. yesterday i485 changed to Actively Reviewing.

@S M did you get approved?