Practice Area

Mandamus for Delayed Immigration Cases

A Writ of Mandamus is a legal remedy that individuals can use to request a court to compel a government agency or official to perform a specific action that they have a legal duty to carry out. It is a way to seek judicial intervention when an agency or official fails to fulfill their obligations or refuses to act. Under the Administrative Procedure Act (APA), the government is legally obligated to render a final decision on each immigration application within a reasonable and timely timeframe.

In immigration cases, a Writ of Mandamus can be filed to prompt the government to make a decision on a pending application or to compel them to take action on a delayed or stalled immigration matter. It is an important tool to ensure accountability and enforce legal rights

How many years do I have to wait to file Mandamus Lawsuit?

It depends on the type of the case. It is important to note that eligibility for a Mandamus lawsuit is not solely determined by the average processing time provided by USCIS. Each case needs to be individually reviewed by an experienced attorney to assess its suitability for a Mandamus lawsuit. Even if a case falls within the normal processing time, there may be circumstances or factors that warrant pursuing a Mandamus lawsuit. We offer free evaluation.

Why should I consider Mandamus Lawsuit?

A Mandamus lawsuit can help alleviate uncertainty in your immigration case by providing a timely and effective resolution. Mandamus lawsuits has a very high success rate.

What happens after filing a Mandamus Lawsuit?

After filing a Mandamus lawsuit in federal court, the government has a specific timeframe, typically 60 days, to respond to the complaint. In most cases, the government chooses not to contest the lawsuit and instead takes action within the given period, such as issuing a visa or document. There may be rare instances where the government decides to contest the lawsuit. In such situations, government attorneys may file motions to dismiss or for summary judgment, to which our legal team will respond on your behalf.

What if government wins the Mandamus lawsuit?

If the mandamus lawsuit is ultimately unsuccessful, the applicant will continue to await, as the lawsuit has not been filed. While filing a mandamus petition can be a powerful tool to expedite the resolution of your long pending immigration case, it does not guarantee success in every instance. In some cases, the government may choose to contest the lawsuit and actively defend their position.

Please note that while we put forth dedicated efforts and strong legal arguments, there remains a possibility that the government may prevail in the case. However, we offer a free case evaluation to our clients. This evaluation enables us to carefully examine your specific circumstances and conduct a personalized analysis of the strengths and weaknesses of your case. Our commitment is to provide transparent and honest guidance, empowering our clients to make well-informed decisions regarding their legal options.

Do federal judges rule on my immigration case?

No, in a Mandamus lawsuit, the role of the federal judge is to determine whether the government agency or official has an obligation to perform a specific action and whether the delay in fulfilling that duty is unreasonable. The judge does not delve into the details of the underlying immigration case itself. The focus is solely on compelling the agency or official to take the required action in a timely manner.

Do I need a lawyer for mandamus lawsuit?

Yes, it is highly recommended to have a lawyer represent you in a mandamus lawsuit. Filing a mandamus petition involves complex legal procedures and requires a deep understanding of federal litigation

Do clients have to appear before Federal court?

Court appearances are relatively rare in Mandamus cases, as our experienced attorneys handle most of the proceedings, sparing our clients from needing to appear in court. We maintain regular communication with government attorneys throughout the entire Mandamus process, ensuring effective engagement and representation until the resolution of your case. Rest assured, our team is dedicated to advocating for your interests throughout the entire process.

Does filing a Mandamus lawsuit have a negative effect on my immigration case?

No, filing a mandamus lawsuit does not have a negative impact on your immigration process. In our experience, none of our clients have had a bad experience with the government entities as a result of filing a mandamus lawsuit

What are the requirements or prerequisites needed before pursuing a Mandamus lawsuit?

Technically nothing. For long-pending immigration cases, pursuing a Mandamus lawsuit does not require fulfilling any prerequisites or prior administrative steps. There is no need to request expedited processing or make congressional inquiries before filing a Mandamus petition. This streamlined approach allows individuals to directly seek resolution for their delayed immigration cases.

Does Mandamus Lawyers provide services in all 50 states?

Yes, at Mandamus Lawyers, we proudly represent clients not only in all 50 states but also from around the world.

How much does a Mandamus Lawsuit for a long pending asylum case typically cost?

Unlike the many law firms, we charge a flat fee off *$4,499 for the entire process. In other words, there will be no surprise or extra cost no matter how your mandamus case proceeds. You may visit Legal Fees page for more information.

*This fee does not apply to the following cases: Administrative Processing – Section 221(g) and the Controlled Application Review and Resolution Program (CARRP).

What types of immigration cases can be addressed through Mandamus lawsuits?

Mandamus for Asylum Applicants

Long-pending asylum cases can have their interviews scheduled through Mandamus lawsuits, and for more detailed information, please visit our specific page on our website dedicated to this topic.

Mandamus for Marriage and Family Based Petitions

Delays in immigration cases can occur due to various factors, including administrative processing and background checks. The high volume of cases being handled and the complex bureaucratic process can contribute to administrative delays, causing applications like green cards (Form I-485) to get stuck at different stages. Additionally, extensive background checks and security clearances involving multiple federal agencies can lead to further delays, particularly for applicants from certain countries or those subject to increased scrutiny. These factors can contribute to the extended processing times and pending status of immigration applications. In our experience filing a Mandamus lawsuit can expedite the processing of a stuck I-485 application, ensuring timely resolution.

Mandamus for Employment Based Petitions (EB-1, EB-2 and EB-3)

Mandamus lawsuits can be filed for employment-based visas, providing a potential remedy for individuals facing delays in their immigration petitions. It’s important to note that employers can also file Mandamus lawsuits when their employment-based petitions are unreasonably delayed, as these delays can significantly impact their operations and ability to hire skilled workers. By pursuing a Mandamus lawsuit, employers can seek to expedite the processing of their petitions and address the adverse effects of the delays on their businesses.

Mandamus for N-400 Naturalization Petitions

The naturalization process involves significant commitment of time, resources, and preparation. It can be frustrating when, after completing all the requirements, including the interview with USCIS, there are extended delays with no update on the case status. However, under 8 U.S.C. § 1447(b), USCIS is obligated to make a decision on your naturalization application within 120 days after the initial interview. If USCIS fails to do so, you have the option to file a lawsuit, known as a § 1447(b) lawsuit, against USCIS.

While § 1447(b) lawsuits address delays after the initial interview, they do not cover other delays that may occur during the naturalization process. In cases where USCIS causes delays in holding a hearing or scheduling the initial interview, alternative remedies such as a writ of mandamus or an Administrative Procedure Act action in a U.S. Federal District Court must be pursued. It’s important to note that these actions do not allow the court to decide on the application itself, but rather to order USCIS to make a timely decision.

Mandamus for Employment Authorization Document (I-765)

Delayed employment authorization applications can have severe consequences, including job loss and missed career opportunities. Filing a Mandamus lawsuit is crucial in such situations, as it can expedite the processing of your application, ensuring that you regain your employment authorization promptly and minimize the negative impact on your career advancement.

Mandamus to Expedite H1-B Visa Stamping Process

If you find yourself in a frustrating situation, being stranded abroad on an H1-B visa while awaiting a visa stamp, we have a solution to help you overcome this challenge. We specialize in utilizing the power of Mandamus lawsuits to expedite the visa stamping process. Our expertise and successful track record in handling these cases can provide you with the relief you need. Don’t let unnecessary delays disrupt your plans and cause hardships. Submit a Free Evaluation today and regain control of your immigration journey.

Mandamus for EB-5 Investment Visas – I-829

If your EB-5 process is subject to unreasonable delays, such as a lengthy pending I-526 or an I- 829 application pending for over 180 days, you may have the option to file a mandamus lawsuit against the US government. Mandamus lawsuits aim to challenge the slow pace of petition processing and the significant wait times. Such delays can have severe personal and legal consequences. At Mandamus Lawyers, we specialize in handling these delay lawsuits with a personalized approach, providing the expertise and support needed to address your specific EB-5 challenges.

Mandamus for Travel Documents (I-131)

Delays in travel document applications can result in missed travel opportunities and disruptions to personal and professional plans. Filing a Mandamus lawsuit is essential to expedite the processing of your travel document application, ensuring that you can travel as intended and minimizing any inconveniences caused by the delay

Mandamus for Administrative Processing - Section 221(g)

Administrative processing under 221(g) can cause significant delays and uncertainty in visa applications, leaving individuals in a state of limbo. If you find yourself stuck in administrative processing with no progress or communication from the consulate, a Mandamus lawsuit can provide a viable solution. By filing a Mandamus lawsuit, you can compel the government to take action on your case and make a decision within a reasonable timeframe. Please It is important to keep in mind that filing a Mandamus lawsuit does not guarantee a specific outcome in your case.

Mandamus for Cases Delayed due to CARRP

The Controlled Application Review and Resolution Program (CARRP) has had significant impacts on immigrants. Implemented by the U.S. government, CARRP resulted in the heightened scrutiny of immigration applications, particularly those from individuals with certain nationalities or backgrounds. This program has caused delays, increased processing times, and additional administrative hurdles for many applicants. The effects of CARRP have created uncertainty and frustration within immigrant communities, highlighting the need for legal advocacy and support to navigate through these challenges effectively.

Mandamus for Consular Processing Delays

Consular processing delays can have significant consequences for individuals awaiting immigrant visas based on approved Forms I-130, I-140 or I-824. When Consular Officers take an unreasonable amount of time to decide a case, it can cause hardship for visa applicants who are eager to reunite with their families or commence employment with a U.S. sponsoring company. While Consular Officers’ decisions are typically not subject to judicial review, the “doctrine of consular non-reviewability,” there are limited exceptions. It is important to note that the failure to make a decision can be considered grounds for filing a Writ of Mandamus against the U.S. Department of State when a visa petition has been pending with a U.S. Consulate abroad for an  extended and unreasonable period.

Mandamus for Delayed N600K Adjudication

The adjudication delay of Form N600K, the USCIS application for U.S. citizenship for minor children residing abroad, can have significant consequences. To qualify for naturalization under Section 322, children must complete the process before turning 18. If USCIS unreasonably delays processing the Form N-600K, it could potentially jeopardize the child’s eligibility for naturalization. In such cases, filing a petition for a Writ of Mandamus may be the only recourse to rescue the child’s case, especially if they are close to reaching the age of 18.

Mandamus for Delayed SIJS Petition

Special Immigrant Juvenile Status (SIJS) is a pathway to legal permanent residency in the United States for noncitizen minors who cannot reunite with a parent due to abuse, neglect, or abandonment. Federal law mandates United States Citizenship and Immigration Services (USCIS) to make a decision on SIJS petitions within 180 days, however USCIS often fails to meet this deadline. While the resolution of Special Immigrant Juvenile Status (SIJS) delays through a Mandamus lawsuit is a potential option, it is important to note that there are other factors and considerations that need to be reviewed by an experienced attorney.

Why Hire Our Firm for Mandamus Lawsuit?

Experience and Expertise: Benefit from our extensive experience and specialized knowledge in handling Mandamus Lawsuits. Unlike the other firms our main focus is mandamus lawsuits.

Proven Track Record: We have a successful track record of representing clients in similar situations, achieving positive outcomes.

Strategic Approach: We will assess the viability of your case and strategically file the lawsuit, maximizing your chances of a favorable resolution.

Strong Advocacy: Our attorneys will represent you in federal court, presenting compelling arguments and advocating for your rights.

Affordable Fees: We charge a flat fee and there will be no surprise billing or extra cost.

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