A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
Mandamus sample for USCIS, also known as a Mandamus petition, is a legal document used to compel the United States Citizenship and Immigration Services (USCIS) to make a decision on an immigration application that has been unreasonably delayed or ignored. It is a recourse available to individuals who have experienced significant delays in the processing of their immigration petitions or applications. A Mandamus sample for USCIS typically includes the following information: 1. Heading: The document starts with a heading that includes the petitioner's name, address, and other contact details, along with the USCIS office that has jurisdiction over the case. 2. Introduction: A brief introduction explains the purpose of the Mandamus petition, stating that the petitioner is seeking a court order to compel USCIS to take action on their pending immigration application. 3. Background: This section provides a detailed account of the petitioner's immigration history, including the nature of the application, the date of filing, and any relevant supporting documents submitted. 4. USCIS Delay: The petitioner must demonstrate that USCIS has unreasonably delayed their application. This section highlights the length of the delay, references any communication attempts made, and states any response received from USCIS. 5. Legal Basis: The Mandamus sample for USCIS should include the legal basis under which the petitioner is filing the petition. This could involve citing relevant statutes, regulations, or previous legal precedents that support the petitioner's right to a timely decision. 6. Relief Requested: The document should clearly state the relief sought by the petitioner. This may include requesting a court order directing USCIS to adjudicate the pending application within a specified timeframe. 7. Supporting Exhibits: Any additional supporting evidence, such as copies of application receipts, USCIS correspondence, or other relevant documents, should be attached as exhibits to strengthen the petition. Different types of Mandamus samples for USCIS may include: 1. Mandamus for Adjustment of Status: This type of Mandamus petition is applicable to individuals seeking to adjust their immigration status from nonimmigrant to immigrant within the United States. 2. Mandamus for Naturalization: Those who have experienced excessive delays in USCIS' processing of their naturalization applications can use this type of Mandamus petition to seek a court order. 3. Mandamus for Employment Authorization Document (EAD): Individuals waiting for their EAD to be approved can file this type of Mandamus petition to compel USCIS to take prompt action. Remember, it is important to consult with an immigration attorney to obtain a sample Mandamus petition that is suitable for your specific situation and to ensure compliance with all legal requirements and procedures.
