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I-601A Delays Mandamus Case: Deadline Now Extended!

I-601A Delays Mandamus Case – Additional Plaintiffs Being Accepted Until February 6, 2023.

Thank you for your interest in our new lawsuit assisting individuals who have filed Form I-601A, Application for Provisional Unlawful Presence Waivers with USCIS more than a year ago. In January 2023, we filed a lawsuit suing USCIS because the two USCIS service centers managing those cases are failing to work these applications in a timely manner. The Nebraska Service Center is currently averaging 28 months for these cases. The Potomac Service Center is taking 37 months. We are able to add additional plaintiffs to the suit as part of an amendment we will be filing in the second week of February. Therefore, we must have any additional plaintiffs signed up to be in the case and have the necessary documents from that plaintiff no later than February 6, 2023.

The failure to adjudicate these applications in a timely manner means thousands of people are being unnecessarily delayed from consular processing and waiting in the United States without the ability to work and have lawful status.  We believe anyone waiting more than six months for adjudication of an I-601A application has a legitimate right to claim their case has been unreasonably delayed because less than five years ago USCIS adjudicated I-601A petitions in less than five months.

Federal agencies must do their job regarding the necessity and convenience of the interested party. We will be asking a federal judge to order USCIS to immediately adjudicate our plaintiffs’ applications, and for USCIS to change their policies and procedures to ensure that processing times return to the realm of reason.

We anticipate that the deadline to sign up to be a plaintiff in this case will be Monday, February 6, 2023 before midnight eastern time.

If you would like to join the lawsuit, please do all the following:

Step 1:  Review the FAQ to confirm that you qualify to participate and that you understand what the case is about and how the plaintiff fee works.

Step 2:  Complete our engagement letter app. This will create an engagement letter (contract) for you to review and sign and will automatically send a copy to our team and to you.

Step 3: Pay your fee here. The legal fee is $1000 per applicant to participate in the case. If you have questions about payment, please contact litigation@immigrationissues.com.

Step 4: Use our declaration generator app to tell us about how USCIS’ delayed processing has harmed you.

Once you have completed all the above steps, you have signed up!

You’ll receive an automatic email confirmation when we’ve received your engagement letter and declaration.  This, and your payment confirmation email, means that you are in our database and will be included in our lawsuit.  If any information or documents are missing, we will contact you before filing the case. Otherwise, we’ll be in touch with all plaintiffs when we have filed the lawsuit with the court.

In the meantime, please do not contact our team asking for further confirmation that we have received your materials; this slows us down when we’re doing our best to prepare our filing quickly.

If you have any legal or non-financial questions related to this case, please click here to contact us via our online form. Please select ‘I-601A Delays Mandamus Case’ in the drop-down.


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