Disabled senior needs

shall proceed to conclude a matter presented to it.”

A typical case in which Writ of Mandamus relief is a viable option is in a green card application based on marriage.

A COMMON question that is asked by a person who has a pending immigration petition or application is “how much longer until USCIS makes a decision?”

The question is understandable, in that an unreasonable delay in the USCIS’ adjudication of a petition or application can have adverse effects, including loss of employment and employment opportunities, possible termination of employment, and difficulties in obtaining student and credit loans.

While an immigration filing is pending, the typical response by USCIS upon inquiry is that further time (usually 90 or 180 days) is needed to make a decision. However, often that 90 or 180 days that USCIS needs to make a decision turns into months and sometimes years. What option does a petitioner or applicant have to compel the USCIS to act on his or her case?

Pursuant to the Mandamus and Venue Act of 1962, a Writ of Mandamus action can be filed in the US District Courts

The legal duty for USCIS to promptly act on a pending petition or application can be found in the Administrative Procedures Act (“APA”), 8 USC Sec. 1571, and 5 USC Sec. 555(b). These statutes form the basis of Writ of Mandamus relief.

The APA gives the court authority to “compel agency action unlawfully held and unreasonable delayed.”

The policy for processing immigration applications is set forth under 8 USC Sec. 1571, which states that “the processing of an immigration benefit application should be completed no later than 180 days after the initial filing of the application.” Further, 5 USC Sec. 555(b) states that “within a reasonable time, each agency

I have had several inquiries in recent months concerning delays in processing of these cases. Typically, the green card applicant along with his or her U.S. Citizen spouse is interviewed by a USCIS officer and at the end of the interview, the green card applicant is advised that additional time is needed by USCIS to make a decision. The timeframe given to make a decision is 180 days; however, more than 180 days pass and no decision is made. The applicant then seeks to get updated status of the application via an Infopass appointment, and is advised that the case is still under consideration and more time is needed.

In such a case, a writ of mandamus can be filed in Federal Court to compel the USCIS to act on the application. Often, a decision is made on the case after the Writ of Mandamus is filed in that the unreasonable delay is brought to the attention of the USCIS. A prompt decision is often made by USCIS after filing to avoid the use of government resources in having to defend the meritorious action.

It is important to keep in mind that Writ of Mandamus relief is available to a variety of pending petitions and applications, not just green card applications based on marriage. To determine whether Writ of Mandamus relief is a good option in your pending immigration case, it is recommended that you seek the advice of an experienced attorney.

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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.

* * * Darrick V. Tan, Esq. is admitted to practice law in California and Nevada. Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the Consumers Attorney Association of Los Angeles and is a former member of the Board of Governors of the Philippine American Bar Association. LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323-6390277. Email: info@dtanlaw.com (Advertising Supplement)

Atty.

AT some point in your life, you will have to confront your own mortality as well as the mortality of your loved ones.

When you’re 12, you’re in a hurry to become a teenager. When you’re a teenager, you’re in a hurry to become 21. In the meantime, before you turn 21, you’re in college or starting to work and earn a living, becoming independent. From then on, you’re just living life as it comes, just enjoying yourself, your good health and your youth. You feel like you will never get old. How old is old? You can’t really say. If you’re 21, someone who is 45 appears old to you. But 45, I can tell you, is really young from the perspective of one who is say, 65. That is only a 20-year difference numerically, but physically, the outward appearance of one who is 65 now comparing himself to when he was 45 is quite obvious if you look at a picture of yourself taken now at 65, and a picture of yourself taken while you were 45.

There’s less hair and whatever hair is left has, or at least a big portion, turned white. If you haven’t exercised regularly and controlled your diet, you probably have a little tummy over your belt, a kangaroo pouch. But if you have been exercising regularly and controlling what you eat, you probably are still fit and trim and the only sign of aging is the change in hair color, and the lessening of it.

Going back to business. By young senior, I mean the client is only 63. He has never married and lives by himself. He has no children. He used to work for a bank in mid-level management. For 30 years, his life was good.

Then last year, he suffered a minor stroke.

He’s recovering well but he can’t work anymore. He receives a disability payment of $1,800 a month. The problem is that he owes $50,000 of credit cards.

Why is this a problem? For $50,000 of credit card debt, he needs $1,500 a month for minimum payments to keep all of them current. Since his disability is $1,800 vs. $1,500 of minimum card payments, there’s only $300 left for rent and living expenses. Even if he became homeless and lived out in a tent by the 101 Fwy, he would not even have enough for food after making the minimum credit card payment of $1,500. So, there’s