Mandamus
What is a Writ of Mandamus?
A Writ of Mandamus is a legal tool that compels a federal agency, such as U.S. Citizenship and Immigration Services (USCIS), to take action on an immigration case. The term mandamus comes from Latin, meaning “we command.” In the context of immigration, this lawsuit is filed in federal court to force USCIS or another governmental agency to issue a decision after unreasonable delays or inaction. It serves as a way for applicants to assert their rights and receive the decision they deserve.
How Does a Writ of Mandamus Work in Immigration Cases?
Filing a writ of mandamus is often necessary when an immigration agency fails to act within a reasonable amount of time. This legal remedy can address delays in adjudicating immigration applications, petitions, or decisions from immigration courts.
For example, when USCIS or the Executive Office for Immigration Review (EOIR) has not processed an immigration application or petition promptly, the individual affected may petition the federal court for a writ of mandamus. The goal is to compel the agency to act on their application or case, eliminating further delay.
A writ of mandamus can also be used when an immigration court or the Board of Immigration Appeals (BIA) has been unreasonably slow in ruling. In these situations, mandamus can ensure that the petitioner’s case progresses and is not left in bureaucratic limbo. If you’re experiencing unreasonable delays, it’s critical to consult with an experienced immigration attorney. At 360 Immigration Law Group, we have a wealth of experience handling mandamus lawsuits and can help you understand your legal options.
When Should You Consider Filing a Mandamus Action?
If you are facing prolonged delays from USCIS or other immigration authorities, filing a mandamus action might be appropriate. These delays can be deeply frustrating, leading to extended family separation, work disruptions, and significant emotional stress due to unresolved immigration status. When all other forms of relief are unavailable, a writ of mandamus may be your best option for moving your case forward.
For example, when USCIS or the Executive Office for Immigration Review (EOIR) has not processed an immigration application or petition promptly, the individual affected may petition the federal court for a writ of mandamus. The goal is to compel the agency to act on their application or case, eliminating further delay.
Common reasons to consider a mandamus action include:
- USCIS has taken an unreasonable amount of time to process your green card, visa, or naturalization application.
- Your immigration court case has been delayed for an extended period without a decision.
- You’ve followed up multiple times with no results and cannot get clear information on your case’s status.
In these circumstances, 360 Immigration Law Group can help you decide whether a writ of mandamus is the right course of action for your case.
Writ of Mandamus Requirements
- USCIS has a clear duty to perform in your case (i.e., they are required by law to make a decision).
- This duty is owed to you —the delay affects your application or petition.
- No other forms of relief are available —you have exhausted all other options, and filing a mandamus action is your last resort.
Additionally, we must demonstrate that the delay in your case is unreasonable based on legal standards. Each situation is unique, so having experienced immigration lawyers evaluate your case is crucial.
Do You Need a USCIS Mandamus Lawyer?
Contact 360 Immigration Law Group today at 954.667.3660 for a free consultation. Our Legal Analysts are available and can communicate in Portuguese, Spanish, or English via phone, Zoom, or WhatsApp, serving clients across all 50 states, U.S. territories, and worldwide. We are here to answer your questions, review your case, and help you take the first step toward securing the resolution you deserve.