Mandamus

We were retained to file a mandamus for a Chinese client, his wife and two children. They had been granted Asylum in 1997. In August 1998 he had filed an I-485 petition (to adjust status to permanent resident) and later, in June 2000, I-485 petitions were also filed for his wife and two children. Their case was pending for nine years for our client and for seven years for his family. On September 11, 2007 we filed a writ of Mandamus for him and one week later we filed Mandamus for his family. In October 2007, one month after filing mandamus, we were called from the US Attorney Office and were told that the I-485 had just been approved. We were asked to withdraw the case, since the petitions had been approved, and so we did. Our clients finally received their green cards. This case was handled by our attorney, Scott Bratton.

In January 2008, we were able to get approvals on several mandamus cases we filed in New York. The purpose of the filings was to compel CIS to adjudicate pending petitions. Scott Bratton handled these cases.

Late last year, we filed a mandamus action in Chicago in a case where our client's husband filed an I-130 on her behalf. We needed an I-130 approval to allow our client to adjust with the Immigration Court. However, CIS in Chicago refused to adjudicate the I-130 claiming they lacked jurisdiction. The case was administratively closed. We filed a complaint seeking adjudication of the I-130. In January 2008, the I-130 was approved. This will allow our client to adjust status. Scott Bratton handled the case for Margaret Wong & Associates.

Our client came to us because his family's immigrant visa processing had been delayed in Pakistan. The basis for the delay was unclear. We filed a Complaint in federal court seeking to compel the State Department to adjudicate the pending applications. In November 2007, the cases were approved and the family has been reunited in the United States. Scott Bratton handled the case for Margaret Wong & Associates. 

Our client hired us to file a mandamus case after his adjustment of status application had been pending for two years. We filed a Complaint in the United States District Court in Cleveland, Ohio seeking to compel CIS to adjudicate the pending adjustment of status application. The Government responded by filing a motion to dismiss the Complaint alleging that the Court lacked jurisdiction to grant the relief requested. We filed a response arguing that the Court does have jurisdiction over the case. The Court then issued an Order agreeing that it had jurisdiction over the claims we raised in the Complaint. See Shah v. Hansen, 2007 WL 3232353 (N.D.Ohio 2007). Within a month of this decision, our client received his green card. Scott Bratton handled the case for Margaret Wong & Associates Co., LPA. 

Our client had a criminal conviction from 1998 for drug abuse. Our office filed a Motion to Vacate his Plea which was granted in 2005. After representing our client again on the drug charge, our client's drug charge was reduced to Disorderly Conduct. At the conclusion of the criminal case, our client filed his application for permanent residence. After the application had been pending nearly 11 months with no decision, our firm filed a Writ of Mandamus in the United States District Court, Western District of Kentucky. USCIS responded by requesting our client file a waiver for unlawful presence in the United States. Our firm responded to that request by filing a brief arguing that our client did not need a waiver as he had not accrued the requisite period of unlawful presence. Approximately three weeks later, our client's application was approved and he received his green card. Troy Murphy and Scott Bratton handled this case for our firm.
 

After our clients’ I-485 applications had been pending for over three years without an interview, we recommended filing a mandamus case in federal court to compel CIS to issue a decision on the pending I-485 applications.  After we filed in federal court, CIS issued a notice of intent to revoke the previously approved I-140.  We prepared a thorough response to the notice and CIS agreed that the I-140 had been properly approved.  The case was then scheduled for an interview on the I-485 applications.  After the interview, both cases were approved. This is another instance where filing in federal court expedited the resolution of the case.  Scott Bratton handled the case for Margaret Wong & Associates.

We were hired to handle a deportation case that had been pending for several years.  Another attorney had been handling the case.  At the hearing, we argued that our client was not properly in deportation proceedings and that he was eligible to adjust status with CIS.  We asked that proceedings be terminated.  The Immigration Judge agreed with our argument and terminated proceedings.  Scott Bratton handled the case for Margaret Wong & Associates.

Our client hired us to file a mandamus case after her application for adjustment of status had been pending for approximately one and a half years.  We filed the complaint in federal court in Pittsburgh and requested that CIS adjudicate the adjustment of status case.  The Government filed a Motion to Dismiss and we filed a response arguing that the Court had jurisdiction over the case.  The Court issued a written decision in which the Judge agreed that the federal court had jurisdiction to determine whether the delay was reasonable.  After a hearing on the case and several discussions with Government counsel, our client’s application for adjustment of status was approved in May 2007.  Scott Bratton handled the case. 

Our client retained us after his application for adjustment of status had been pending for well past the normal processing time.  We filed a complaint in federal court in St. Louis asking the Judge to compel CIS to adjudicate the application.  The Government filed a motion to dismiss and we filed a response arguing that the federal court had jurisdiction over the case.  After working with Government counsel, we received an approval of our client’s adjustment of status application in May 2007.  Scott Bratton represented our client.

Our client, who was preparing to attend college in the fall, retained our firm at the end of February 2007 to file a mandamus action in the United States District Court for the Southern District of Ohio because her adjustment of status application had been pending over four years.  She needed her case approved by May 2007 to be accepted to several prestigious universities.  We filed a Complaint in federal court seeking to compel CIS to adjudicate the application for adjustment of status, which had been held up by background checks.  In April 2007, CIS granted the adjustment of status application.  Our client will now be able to attend the college of her choice.  Scott Bratton handled the case for Margaret Wong & Associates.

A mother and her three daughters retained our firm in late 2006 to file their I-130 and I-485 applications.  Our office assisted the mother and the youngest two daughters in getting their I-130 and I-485 approved, attending the interviews in Charlotte, NC.  However, the oldest daughter’s application was misplaced and no interview date set despite the fact she was aging out in two weeks.  Our office filed a Mandamus action in the United States District Court, Western District of North Carolina, to compel USCIS to adjudicate the application before our client aged out.  USCIS called our office the day after receiving our Complaint and immediately scheduled the interview on the applications.  Our office accompanied the last client from this family to her interview in Charlotte as well.  Her applications were approved two days before aging out.  Troy Murphy and Scott Bratton represented this family for our firm.

Margaret Wong and Associates was retained to file adjustment of status applications for a husband and wife with US CIS.  They were filed in 2002.  Despite numerous inquiries, the cases remained pending.  We then decided to file a Complaint in U.S. District Court for the Northern District of Ohio seeking to compel US CIS to adjudicate the adjustment of status applications.  Within two weeks of filing, our clients received notice that their applications for adjustment of status had been approved.  Scott Bratton handled the case for Margaret Wong & Associates.

Our clients retained us to file their I-485 applications.  The applications were filed with the Texas Service Center.  When the applications were not ruled upon due to a delay in completion of the background checks, our office filed a Complaint with the United States District Court for the Northern District of Texas.  Within 45 days of filing the Complaint, our clients’ adjustment of status applications were approved.  Scott Bratton handled the case for Margaret Wong & Associates. Jackie Tong also worked on this case.

Margaret Wong and Associates filed an H-1B petition on behalf of our client in 2005.  However, the case was pending for a long period of time with US CIS for a number of reasons.  We suggested our client file a Complaint in federal court to compel US CIS to adjudicate the application.  We then filed the Complaint on behalf of our client.  Shortly after filing the Complaint, our office received word that the H-1B petition had been approved.  Scott Bratton and Lori Pinjuh handled the case for Margaret Wong and Associates.

Our client retained Margaret Wong and Associates to handle the filing of his adjustment of status application.  The application was based on an approved labor certification and I-140.  Due to a problem with the security checks, the case was pending for a long period of time.  While the case was pending, our client changed employers.  We argued that his new position was a similar position as his old job under AC21, which would allow him to proceed with his adjustment of status application without filing a new labor certification and I-140.  After an extensive interview and our submission of a brief and documentation on the issue, US CIS agreed and granted our client’s adjustment of status application.  Scott Bratton and Jackie Tong handled the case for Margaret Wong and Associates.

We were hired by a client after his adjustment of status application had been pending over two years.  We filed a Complaint in the U.S. District Court in Columbus, Ohio seeking to compel CIS to adjudicate the adjustment of status application.  Within two weeks of filing the Complaint, our client’s adjustment of status application was approved.  Scott Bratton handled the case for Margaret Wong & Associates.

When our client retained our firm, her application for adjustment of status had been pending for several years.  This was based on asylum.  Her adjustment of status case had not yet been approved despite the fact that her mother’s case and her brother’s case were approved.  Our office filed a Complaint with the United States District Court seeking to compel them to adjudicate the adjustment of status application.  Within 90 days of filing the Complaint, the adjustment of status application was approved.  Scott Bratton handled the case.

Our client came to our office after his naturalization application had been pending for one year.  Although he was interviewed, his case could not be approved because the background checks were not completed.  Despite our client’s many trips to CIS to determine the status of the case, our client was always advised that the case could not be approved until background checks were completed.  We filed a Complaint in federal court requesting immediate adjudication of the naturalization application since it had been more than 120 days since the interview.  After a hearing with the federal court judge, the judge entered an order stating that CIS should adjudicate the naturalization application as quickly as possible and that CIS must report in writing within a set time period to update the court on the status of the case.  Soon thereafter, our client’s naturalization application was approved.  Scott Bratton handled the case.

Margaret Wong & Associates was retained to assist our client to expedite her naturalization case.  The case was pending over one year and it had been more than 120 days since the interview.  The delay was caused by a name check that had not been completed.  We filed a Complaint in the United States District Court requesting immediate adjudication of the naturalization application.  After we filed the Complaint, the naturalization application was approved.  Scott Bratton represented our client.

Our office was retained to assist our clients in obtaining permanent resident status.  After the applications had been pending for a long time, we recommended filing a lawsuit in federal court.  We filed a Complaint with the United States District Court in Dallas, Texas requesting that the federal court compel CIS to adjudicate the adjustment of status applications.  Soon thereafter, the adjustment of status applications were approved.  Scott Bratton handled the case for Margaret Wong and Associates.