Our client, a citizen of Taiwan had filed an employment-based adjustment of status application. The Plaintiff's adjustment of status had been pending with the USCIS California Service Center for almost three and one half years. USCIS did not adjudicate his adjustment of status application since they could not get the name check clearance from the FBI. We filed a lawsuit against the Department of Homeland Security (DHS) and others including the FBI to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.
Approximately six months after the filing of the above-mentioned lawsuit, Plaintiff received his adjustment of status (green card). Subsequently, we filed a notice of dismissal with the DC federal court to dismiss the case without prejudice.