Saini

MORRISON C. ENGLAND, JR., District Judge.

Through the present Complaint for Writ of Mandamus, Plaintiff Paramjit Singh Saini ("Plaintiff') seeks to compel Defendants to adjudicate his I-485 Application to Register Permanent Resident or Adjust Status, which Plaintiff filed with the United States Citizenship and Immigration Services ("USCIS") almost six years ago, on June 10, 2002. Defendants now seek to dismiss Plaintiffs Complaint on grounds that this Court lacks subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b) (1), [1] or alternatively that the Complaint fails to state a claim upon which relief can be granted in accordance with Rule 12(b)(6). For the reasons set forth below, Defendants' Motion will be denied. [2]

Plaintiff is a native and citizen of India who was granted asylum in the United States on June 1, 2001. Complaint, ¶ 5. As indicated above, Plaintiff filed his Form 485, pursuant to 8 U.S.C. § 1159 (b), for adjustment of his residence status on June 10, 2002. Id. The USCIS, an agency within the Department of Homeland Security, has been entrusted with the responsibility for adjudicating applications like Plaintiffs by the Attorney…