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Case Stories
⏳ EB-3 Skilled Worker Pending - India/Unknown PD April 2023
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⏳ **Case Status: Pending**
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An EB-3 principal applicant (Registered Nurse) and derivative (Software Engineer) are caught in a jurisdictional deadlock between USCIS and an Immigration Judge. Despite a current priority date of April 2023, removal proceedings stemming from a technical change-of-status error have created a 90-day adjudication deadline. USCIS expedite requests have gone unanswered, leaving a Writ of Mandamus as a potential last resort.
A family in EB-3 removal proceedings faces a critical 90-day window imposed by an Immigration Judge who has refused further continuances. The principal applicant is a Registered Nurse and graduate student; the derivative is a Software Engineer. Their EB-3 priority date of April 2023 is currently current per the latest Visa Bulletin, yet the I-485 remains unadjudicated due to the file moving between USCIS and the immigration court. An expedite request submitted to USCIS expired without response. Attempts to resolve the deadlock include attorney filings explaining the administrative delay, a congressional inquiry, and consideration of a Writ of Mandamus or a joint motion to terminate/stay removal proceedings.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1sax6zt/stuck_in_90day_court_deadlock_uscis_expedite/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Cases involving removal proceedings concurrent with a pending I-485 are among the most complex in immigration law. USCIS typically declines to adjudicate while an immigration court retains jurisdiction, creating exactly this kind of loop. A Writ of Mandamus has had documented success in forcing USCIS to act when expedite requests are ignored, particularly when a current priority date is established and court deadlines create a clear harm standard. Joint motions to terminate removal proceedings — where the government attorney agrees the case should proceed administratively — are also a realistic path when the visa is immediately available, though outcomes depend heavily on the individual ICE attorney and district. Cases with a current priority date and a pending I-485 that are also in removal proceedings often see resolution timelines of 3–6 months once a Mandamus is filed, based on community-reported patterns.