Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.
After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.
A:
As long as it wants. It may make another decision depending upon how the decision is worded, which may require another appeal. Your only option, if an unacceptable delay takes place, is to file a writ of mandamus in Federal Court to demand a decision.
Yet, there may be other options, so before anything is done, discuss the matter with your attorney. If you don’t have an immigration attorney, then you ought to find one who you will trust to provide you with an appropriate response.
1 user found this answer helpful
A:
When the Administrative Appeals Office (AAO) remands an I-140 case back to USCIS, the timeframe for USCIS to issue a new decision can vary. Generally, USCIS aims to process these remanded decisions within 6 months, but this is not a guaranteed timeframe. Factors such as the complexity of the case, the volume of cases being handled by the USCIS, and other administrative concerns can influence this duration.
It's essential to monitor your client's case status through the USCIS website or contact the service center handling the case for updates. Regular follow-ups and ensuring that all requested documents are promptly provided can facilitate a timely decision.
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.
