Can you please read this sentences from the following website and comments on it.
The point is: USCIS requires to adjudicate I-485 application in a reasonable time. If not, this is considered to be violation of duty and is a sufficient basis for mandamus relief.
[Moreover, ยง 555(b) requires that agency matters be resolved within a reasonable time. A violation of this duty is a sufficient basis for mandamus relief. See, e.g., Sierra Club v. Thomas, 828 F.2d 783, 797 (D.C. Cir. 1987).]
http://www.aila.org/content/default.aspx?docid=23415
The fee for an adjustment application recently was increased to $905 from $305 for each applicant. See 72 Fed. Reg. 29851 (May 30, 2007). USCIS made clear that the reason for the increase was to insure that the adjudication fee covered the full cost of adjudicating an application. Id. It is untenable for the government to charge a $905 fee for adjudication costs of each adjustment application and then to argue it has no duty to adjudicate a properly filed application.
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What worries me most is the USCIS takes a stand that it is not its legal duty to adjudicate an application. AILA's stand is otherwise. USCIS needs to come up with a decision - whether denied or approved - on a reasonable time.
However, the argument would be is "what is reasonable time?" For cases pending name check and security check, the US government's position for reasonable time is maybe "clearance beyond reasonable doubt". The problem arises when the US government has doubt but cannot prove it and cannot release clearance. This is a typical example of subjective reasoning resulting to "profiling".
So what is reasonable time?
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One year period should be sufficient to prove it is reasonable time. Atleast they should provide some kind of relief for travel, employment changes similar to a green card holder. Now every year I have to apply for AP and EAD.
It is pain for me and family members. It is always (visa availability) current under EB-1.
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