What can I do if I experience significant delays in my immigration case?

A writ of mandamus, Latin for “we command,” is a federal court lawsuit for applicants to assert their right to obtain a decision or resolution on their case. In the context of immigration law, this legal action compels U.S. government entities such as the U.S. Citizenship and Immigration Services (USCIS), Executive Office for Immigration Review (EOIR), U.S. Embassies, or the Board of Immigration Appeals (BIA) to fulfill their duty to decide cases that have been subject to prolonged delays. 

Imagine a scenario where, despite studying hard and taking your driving test, the Department of Motor Vehicles (DMV) refuses to issue a decision on your license application. You’ve completed all of the requirements: taking the test, submitting necessary paperwork, and are confident that you’ve completed each step correctly and on time. However, instead of approving your license or informing you that you have failed the application, the DMV keeps you in limbo for months, and possibly even years, without communicating its decision. You remain unsure whether you will be allowed to drive or have even passed the test. The government is responsible for processing your driving test results promptly, and the delay that you have experienced is clearly unreasonable, considering the expected processing timeline. 

It is clear that in this scenario, you deserve a decision promptly. The same applies to immigration-related government processes. When an applicant or petitioner files a case completely and correctly, the U.S. government is responsible for handling the application in a reasonable amount of time. A writ of mandamus allows applicants to file a complaint directly against immigration agencies for unnecessary and prolonged delays. The purpose of a writ of mandamus is to compel the government to take action to make a legal decision on your case. 

A writ of mandamus allows applicants to file a complaint directly against immigration agencies for unnecessary and prolonged delays. The purpose of a writ of mandamus is to compel the government to take action to make a legal decision on your case.

It is important to note that while a writ of mandamus can prompt action after unreasonable delays, it does not guarantee a positive decision in your case or application. However, taking this legal action will also not negatively affect your case. The goal of a mandamus lawsuit is to compel the government to take action in your case.

As a law practice, we are committed to affirmatively fighting for your rights and have extensive experience and success in filing mandamus cases. If you would like more information on how our firm can help, please contact us. 

Mandamus FAQs

Q: Will suing the government (filing a mandamus lawsuit) negatively impact my application? Will I be punished for filing?

A: While it may be scary to file a case against the U.S. Government, you will not be negatively affected by your decision to file this lawsuit. The goal of the mandamus lawsuit is to compel the government to act. They will use the evidence and information you provided in your initial filing to make a decision.

Q: Am I qualified to file for a mandamus case?

A: Generally, to file a mandamus case, you must experience a significant and unreasonable delay in the processing time of your application. You also should have filed all of your application materials and documents properly and tried to inquire about the status of your case. You can check your expected case processing time with the link below. This is not an exhaustive list. Please contact our law firm directly to schedule a consultation and determine if your case qualifies. 

Q: What is a prolonged delay? 

A: Some of our clients have had their applications stuck in limbo for years beyond the expected timeline of their case when they come to us for a mandamus lawsuit. You can check your expected case processing time with the link below.