Legal Question in Immigration Law in United States
Is it legal for uscis to take 40 months before they contact me to ask for more evidence in regards to my petition for my adopted child.
Asked on 5/14/15, 2:46 pm
3 Answers from Attorneys
Philip Eichorn
Hammond Law Group
There is no time requirement for adjudicating a visa petition. More than one year is generally considered an unreasonable period of time. After one year, a petitioner can file a federal lawsuit against the government asking a federal judge to issue a writ of mandamus. This writ requires that the agency make a decision (approve or deny) within a specified period of time thereafter. If you've been waiting for over three years, you may want to contact a lawyer and consider suing the government.
Answered on 5/15/15, 6:46 am
Rahul Manchanda, Esq.
Manchanda Law Office PLLC
Please call me at (800) 750-1828 to discuss your case and matters. Kind regards, RDM
Answered on 5/21/15, 12:35 am