Margaret W. Wong & Associates - Immigration Lawyers
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Success Stories: Mandamus

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Margaret W. Wong & Associates, LLC is a full-service immigration law practice that provides legal advice and representation to people and companies in the United States. The firm has over 200 years of combined legal experience among its attorneys and serves its clients from offices in Cleveland, New York City, Los Angeles, Chicago, Atlanta, Nashville, Columbus, Minneapolis, and Raleigh. Contact us here to schedule a consultation to discuss your needs. 


Mr. X and his wife came to the U.S. from China by crossing the U.S.-Mexican border. They filed for asylum, which was finally granted by an immigration judge after fighting for several years. Mr. X and his wife later filed a I-485 (Application to Register Permanent Residence or Adjust Status) on their own, but after waiting for two years, heard nothing. They then found a local attorney who filed a new I-485 for them, but this also was pending for two years.

At this point, they contacted and retained our firm. Attorney Fabiola Cini filed a mandamus, and within one month, we received a request for more evidence (RFE). We filed the RFE, and one month later received a Notice of Intent to Deny. It listed multiple discrepancies as reasons to deny their application, one of which was that their first immigration attorney had been convicted of fraud.

In order to ensure their application would be approved, Ms. Cini put in many hours of research and worked closely with Mr. X and his wife to prepare a thorough response. We filed the response on time, and within three weeks, their I-485 was approved.

Immigration litigation takes time, patience, and an immigration attorney who is knowledgeable, experienced, and ethical. Our attorneys are all that and more—and ready to take on any immigration case, no matter how complex.   


Man from China Waits 2-1/2 Years for Adjustment of Status; Our Mandamus Resulted in Green Card in Seven Months

Mr. L is a citizen of China and the beneficiary of an approved I-730, Asylee relative petition that was filed in May 2011 by his wife and approved in January of 2012. Mr. Li filed for adjustment of status to permanent resident, form I-485 in November 2013. No further actions were taken on his case for more than 2 and a half years until he hired our office in 2016 to assist him with the case. The application was still pending at the USCIS, Texas Service Center. Mr. L had made several inquiries as to the status of his case but no decision had been made on the application until our office filed a complaint with the federal court under the mandamus statute. Mr. L’s case was approved shortly after our office filed this complaint with the Federal Court in Eastern District of New York. Mr. Li is now a legal permanent resident. 

Chinese Couple Win Green Cards with Mandamus Compelling USCIS to Decide

Our clients, citizens of China, husband and wife, came to our office to assist them with the I-485, Applications for adjustment of status that had been pending with USCIS since early 2014. They had an approved I-140, Immigrant Petition for Alien Worker 1st preference that they filed in March 2014 with USCIS with the assistance of another attorney. However, USCIS failed to take any actions on the I-485 applications for more than 2 years. Our office filed a mandamus action with the U.S. District court to compel USCIS make a decision. The I-485 applications were approved within a short period of time and now both our clients are Legal Permanent Residents.

After Three Year Delay, Mandamus Delivers Green Card

Our client had a pending I-485, Application to Adjust Status, and decided to hire Margaret Wong & Associates after her application had been pending for almost three years. Her attorneys decided to file a mandamus action in federal court in New York, arguing that the delay in adjudicating her application was unreasonable. Our client had previously been granted asylum and had been waiting for almost 3 years, to hear about her adjustment of status application. Applicants have a right to have their applications adjudicated in a timely manner. Unfortunately, this isn't always the case. However, within 3 months of filing the mandamus, our client received her Green Card! Attorney David Calevski handled the case. 

Mandamus Assists Malay Asylees Secure Legal Permanent Residence

Mr. and Mrs. L., citizens of Malaysia, were granted asylum in the United States. They filed for adjustment of status, form I-485, on January 20, 2015 based on their asylum approval. As of March 2016 the applications were still pending at the Texas Service Center. Our clients were concerned that their cases were pending outside normal processing time and no actions were taken by USCIS despite their ongoing status requests. They retained our office to assist them with the applications. Our office filed a complaint in the Eastern District of New York Court. This is a civil action seeking mandamus, declaratory, and injunctive relief based on the failure of the United States Citizenship and Immigration Services to adjudicate their I-485 Applications. Within one month of filing the mandamus action in federal court, both applications were approved and our clients are now Legal Permanent Residents. 

Mandamus - Eastern District of NY

Our client hired us after his green card application had been approved but he had not received his green card.  He had tried everything on his own but two years later he still did not have the actual green card.  We filed a mandamus with federal court in the Eastern District of New York.  Within two months of filing, our client received his green card.  Scott Bratton handled the case. 

Long wait required Mandamus. Approval!

Our client hired Margaret Wong & Associates after his adjustment of status application had been pending over two years.  We filed a mandamus action in federal court in New York arguing that the delay was unreasonable.  Within 3 months of filing, our client received his green card.  Scott Bratton handled the case. 

Filipino man gets mandamus and green card approved

One of our clients, a national of the Philippines national was one of our beginning clients from the mid 1980's. He moved away and lost contact with our firm. When he returned he had a final order of deportation. Our firm went to work and convinced the Government attorneys to reopen his case because he was eligible to receive a green card based upon an approved I-130 visa petition by his United States Citizen Daughter. The DHS agreed to reopen the case and terminate so he could receive his green card through the USCIS. Attorney attended his interview in New York in fall of 2009. The officer stated that they were waiting for a file. After several months of working the USCIS, we finally encouraged our client to file a Mandamus action wherein a person sues the government in federal court to take action on a pending application. We filed an action in district court. Because of this action, the government approved our client's adjustment of status application and approved his green card! After waiting almost 30 years for a green card, our client is finally a lawful permanent resident of the United States!

Our client contacted us after his adjustment of status application had been pending for over two years. We filed a mandamus action requesting the Court to order CIS to promptly issue a decision in the case. Within one and a half months of filing, the adjustment of status application was approved. Scott Bratton handled the case.

An Albanian national entered on a V visa many years a go. He attempted to renew his V- visa and apply for adjustment of status by himself. The USCIS responded by denying his V visa stating that since he had a pending I-485 application, he did not have to renew his V-visa. The USCIS ultimately denied his I-485 (green card) application because he was not in status. When the green card application was denied, he was placed into deportation proceedings. Our team went to work and Scott Bratton filed a Mandamus action, (suing the government) to restate the client's V-visa status. On the other hand, our client was facing deportation proceedings, the attorney represented our client in immigration court by delaying his hearing. In the meantime, the Government in the mandamus action settled the matter by reinstating his V- Visa status. The attorney here filed a motion to terminate which was met with opposition in immigration court from the Government Attorney. After 15 days, the Judge ruled in our client's favor and the deportation case was terminated. An adjustment of status application was filed with USCIS, Attorney Scott Bratton attended the interview and skillfully presented the timeline to the USCIS officer and our client received his green card shortly after the interview. Our client is able to remain here in the United States with his entire family!

Our client hired us after her adjustment of status application was pending for over seven years. We recommended filing a mandamus action in federal court in Georgia. We filed the mandamus with the Court and worked with the United States Attorney's Office. In December 2009, we received the excellent news that the adjustment of status application had been approved. This was approved within a short time of filing the mandamus. Scott Bratton handled the case.

Our client hired our firm after his family's I-824 petitions had been pending a long period of time. We filed Mandamus in federal court and were able to get the I-824 petitions quickly approved. This will allow the family to proceed on the case and come to the United States. Scott Bratton handled the case.

Our client's mother had filed an I-130 on behalf of her minor son. The petition was approved in 1998 in the family 2A category. Our client, minor child (an Albanian citizen), entered the U.S., in a V-2 visa valid until May 11, 2002. He turned age 21 on May 12, 2002. Late, he filed pro se an Application to Register Permanent Residence, I-485, based on an interpretation of Child Status Protection Act. CIS denied the application explaining that he no longer qualified as a "child" under CSPA. At the time of the denial, he was in V-2 status. In the denial CIS stated that there was no visa available in that category. Our client misunderstood this information and waited for an immigrant visa to become available in order to re-file his I-485 Application without having to do anything else to maintain status. He had extended his V-2 until 2007 and did not file for extension after that. He later re-filed the I-485 when the immigrant visa became available; after he had left his V-2 status expire for more than 180 days. His later I-485 application was denied because he did not maintain his status. He was put in removal proceedings. Thereafter, he hired Margaret Wong & Assoc., who helped him file an I-539 application for extension of V-2 and requested a nunc pro tunc adjudication , asking CIS to exercise its discretion to provide backdated approval of V-2 status from 2007 to 2009. CIS denied the I-539. Our office filed a mandamus with the federal court. The V-2 status was approved from 2007 to October, 2009 and our client is now eligible to adjust his status under section 245 of the Immigration and Nationality Act. Lori Pinjuh and Scott Bratton handled this case on behalf of Margaret Wong & Assoc., Co., LPA.

One of our cases a mandamus action was filed by Scott Bratton and Lori Pinjuh and the U.S. Attorney agreed to extend the V2 Visas status of one of our clients who is in deportation proceedings as a result of an erroneously issued denial. Because of this earlier denial, our client was unable to adjust status. Now he is in legal status, and our attorney in open court, filed a Motion to Terminate Proceedings and argued that our client is in legal status and the motion should be granted. The Immigration Judge accepted the motion and only gave the government 10 days, the shortest time permitted by law to respond and stated that even if the government disagrees with the motion to terminate, that means that she does not have to agree with them and probably will not agree with them. Once the motion to terminate is granted, a visa number is available for our client and our client will be able to apply for adjustment of status and receive his green card.

Our clients from Colombia hired us after their adjustment of status applications had been pending over five years. They had been granted asylum and applied for adjustment of status on this ground. We led a mandamus action in US District Court to compel USCIS to adjudicate the cases. USCIS then issued a request for evidence and scheduled an interview. After the interview, our clients' adjustment of status applications were approved within one week. Scott Bratton handled the case.