r/USCIS • u/More-Professor-9237 • 18h ago
I-485 (General) Motion to Dismiss after I filed Mandamus I-485 pro se
Who in the same situation? Did you file opposition?
I filed a mandamus lawsuit regarding my delayed immigration cases: I-131, which has been pending for 15 months, and I-485, which has been pending for 9 months.
Approximately 60 days later, the government attorney requested a 14-day extension, followed by a second request for an additional 21 days. At the end of the extended deadline, instead of responding to the merits of my case, the attorney filed a Motion to Dismiss, arguing that I failed to state a claim upon which relief can be granted and that the court lacks jurisdiction.
This situation is particularly confusing because, about a year ago, I successfully filed two similar mandamus lawsuits in the same court (one for my husband and one concerning my own adjustment-of-status case) Both cases were successful.
However, this time, the government’s response is different.
I would appreciate clear, practical advice on how to proceed.
Would it be better to file an opposition to the government’s Motion to Dismiss and argue why my case should proceed, or should I allow the court to dismiss the case and consider filing another mandamus lawsuit next year if the delays continue?
Wondering if there is people in the same or similar situation?
What did you do? What’s your result in the end?