Ali is a legal permanent resident of the Untied States. He is eligible for citizenship in that he has accumulated the physical presence, term of residency and has good moral character. He applied for citizenship one year ago and has not been scheduled for an interview. He checked the processing dates with the local office and these types of cases are only taking 3 months to adjudicate. He has requested appointments to find out about the status of his case through the infopass system at USCIS.gov and has gone to the local USCIS office only to be told that his case is pending. He has been arrested because he committed a crime which does not make him removable and is being detained by ICE unlawfully.

May Ali file a writ of mandamus?

What are the basic requirements?

May Ali file a writ of habeas corpus?

What are the basic requirements?

Chapter 11

Nydia Haliburton is married to a United States citizen. She has been married for four years. She has been a lawful permanent resident for four and half years. She has filed for divorce and has been living in Colombia for the past three years.

Can she apply for citizenship after three years of marriage to a United States citizen?

Has she met the continuous residence and physical presence requirements?

Has she abandoned her lawful permanent residence?

Chapter 12

Chanel applied for residency with USCIS after she married her US citizen husband. She had entered without inspection in 1999. Her brother, a US citizen, filed a petition for alien relative on her behalf in 1998. At the interview with her husband, she presented the receipt of the petition filed by her brother as proof that she was eligible for adjustment based on section 245i. Unfortunately, she forgot the translation of her birth certificate because she had submitted the original with her application to USCIS. She was told by the officer that she would be contacted to bring additional documents so that they could approve the case. Much to her surprise she received a denial of her case for failure to produce the translation. The decision also stated that she was not eligible to adjust status to the United States because she had entered without inspection despite the fact that she had submitted documentation that she was grandfathered in under Section 245i and was eligible to adjust.

May Chanel file a motion to reopen?

May Chanel file a motion to reconsider?

What are the basic requirements to file a motion to reopen?

What are the basic requirements to file a motion to reconsider?