Bellevue, WA asked in Immigration Law and Federal Crimes for Washington

Q: Seek for help that OPT/OPT extension under security check by USCIS (processed more than 8 months)

On Dec 23rd, 2020, my friends and I traveled to Alaska for fun, but the driver accidentally drove into the military base. As the passengers, we cannot control our ability, but all were arrested and issued Penalty Violations of Security & Orders. We're dismissed without prejudice at the same date when the ticket became valid and have all of the evidence that can prove we just plan to have fun, arrest record, dismiss record. We did nothing wrong...

We're applying for OPT/OPT extension for now. We've tried congressman, inquiry, but none of them work. We're under security check (probably FBI name check). I know there is no way to expedite it, but we're about to lose jobs since it's OPT. We don't have much time to wait for it. One attorney suggested filing a motion based on a previous group OPT delayed mandamus case, but we might not be sure about it. We're also considering filing a new writ of mandamus, but it might be denied and take a long time. Seek urgent help, please...

1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: This is unfortunate, but a mistake was made by your irresponsible friend. Now, the USCIS seems unwilling to devote time to reasonably adjudicate the EAD OPT applications. I suspect that no action will be taken any time soon. You really ought to hire experienced counsel, not dabble with a pro se filing!

A writ of mandamus against USCIS can prove complicated and may even lead to sanctions. It can be easily dismissed by a Federal Court, even if an attorney files it. There should be enough of a demonstration of a breach of an adjudicator's duty of care, as a matter of law, to seek resolution without dismissal or trial. It can also prove too costly for some, especially if the immigration attorney knows what they are doing and what can happen. Yet, these writs have been filed electronically and successfully negotiated over the phone.

Once properly filed with a well drafted plea, only then can there be negotiation! If you are unprepared, nor can afford to litigate in Federal Court, then you ought to consider your work options, elsewhere. I regret that this may not be what you wanted to hear, but I wish you good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.