ASYLUM DELAYED?

If you are interested, please fill out the contact information and a member of our team will contact you to determine if you are a good candidate for litigation.

The Law Firm of Kouyate & Associates and Naser Immigration Law, LLC will be filing a Writ of Mandamus lawsuit against USCIS for certain delayed asylum applications.

Frequently Asked Questions

  • What is a “Writ of Mandamus”?

    What is a “Writ of Mandamus”? The word “Mandamus” is of Latin origin and means “to mandate” or to “command.” The U.S. Federal Law includes a law called the Mandamus Act (28 U.S.C. § 1361), which allows someone to sue an officer or an employee of the U.S. government to perform a duty that is owed to them.

    The idea behind the Writ of Mandamus offers the everyday person an avenue to force the government to do their job.

  • My asylum case is delayed, how can we help?

    We can help get your asylum case “unstuck.” A successful case does not guarantee that your asylum case will be approved, it only forces USCIS to make a decision regarding your case.

    USCIS is required by law to make a decision on your application within a reasonable amount of time. If they do not, then they may be violating federal law and a court may force them to make a decision on your case.

  • How long does my case have to be pending before I can file?

    The ultimate question for the court is this: is the agency’s delay “unreasonable?” Determining whether a delay is unreasonable involves many different factors such as, the type of case, the amount of time the agency has had the case, and much more.

    There is no magic date that you need to wait in order to have a strong mandamus case.

  • How long does it take until I have a decision on my case?

    Usually, we receive an interview date for your asylum case within 30-60 days after we file the lawsuit.

    A federal judge will ultimately decide whether the delay is unreasonable. In most cases, we see positive movement in the case within the first 60 days and the case is resolved long before a federal judge gets involved.

    Take a look at the example cases below for a better idea of mandamus timelines.

  • What's the greatest benefit to filing?

    Communication.

    When we file on your behalf, we open a line of communication directly with the USCIS legal department, as well as the Department of Justice lawyers who represent USCIS in court.

    This kind of access enables us to cut through the bureaucratic red tape and speak to folks at USCIS with the power to get things done. Many times, we have worked with these lawyers in the past and have developed professional relationships with them.

  • If I sue USCIS, won't they get mad at me and deny my case?

    Very unlikely. In our experience, most of the USCIS officers and the USCIS lawyers understand your frustration. Most of the time, applications tend to get lost or thrown off track somehow amidst the millions of applications processed each year. The goal of filing this lawsuit on your behalf is to compel USCIS to schedule your asylum interview and adjudicate your asylum claim.

    Success in the litigation means that your case will be pushed through the USCIS review and adjudication process. It does NOT mean that your asylum case will be approved. The firm in no way represents you in the underlying asylum action. The Firm ONLY represents you in the federal court litigation. It is very important to understand that the Firm will not advise you on the merits of your underlying asylum claim, nor will the Firm attend your asylum interview with you (unless other arrangements are made pursuant to a separate fee agreement).

Example Cases

  • Alana’s Asylum Application:

    Alana is 45-year-old citizen of Nigeria. She is married and has three children. She worked as a doctor in a Nigerian hospital for many years. She fled Nigeria in 2016 because she feared that the Nigerian government would harm her because she treated an individual who had been tortured by Nigerian authorities.

    She filed for asylum on Jan 1, 2016. Over 5 years go by and Alana is still not interviewed for her asylum application. She hired a lawyer to file a writ of mandamus on August 1, 2022. On October 15, 2022, the USCIS attorney calls Alana’s lawyer and informs him that USCIS has set an interview for November 1, 2022. The USCIS lawyer also tells Alana’s lawyer that USCIS will agree to make a decision within 120 days after the interview. Alana attended the asylum interview with her lawyer on August 1, 2022. Alana and her lawyer are anticipating a decision on her case any day now.

  • Simon’s Asylum Application

    Simon in 54-year-old Chinese citizen. He fled to the United States from China in 2015 because he feared that the Chinese government would persecute him because of his conversion to Christianity.

    He files an asylum application on July 1, 2015. Over 7 years pass and Simon is not interviewed on his asylum application. He files a writ of mandamus against USCIS on July 1, 2022. About 2 weeks later, on July 17, 2022, the USCIS attorney emails Simon’s lawyer and offers three potential dates for an asylum interview. The USCIS attorney also agrees to direct the USCIS officer to make a decision on Simon’s case 120 days after the interview. Simon attends the interview on August 13, 2022. His asylum case is approved on September 7, 2022.

  • Ibrahim’s Asylum Application

    Ibrahim is a 34-year-old citizen of Iran. He fled Iran in 2016 based on his fear of persecution because of his recent conversion to Christianity.

    He filed an asylum application on Jan 1, 2017. On September 3, 2019, Ibrahim is interviewed on his asylum application. Two years go by and Ibrahim still has not received a decision on his application. He files a writ of mandamus against USCIS on August 1, 2022. On September 15, 2022, Ibrahim’s lawyer receives an email from the USCIS lawyer informing him that Ibrahim’s asylum case has been approved. The approval notice was attached to the email. The case was dismissed that same day.