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Mandamus: suing USCIS when your case is stuck
For applications delayed far beyond normal processing times.
Consultations by phone, Zoom or WhatsApp, in English, Spanish or Portuguese.
Short answer
A mandamus lawsuit asks a federal court to order USCIS or the State Department to decide a case that has been unreasonably delayed. It does not ask the court to approve you, only to make the agency act. Most cases are resolved within 60 to 120 days of filing, often without a hearing.
Force a decision on a case that has been sitting for years.
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
Before filing for a writ of mandamus, several conditions must be met. These include:
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?
If you are dealing with prolonged delays in your immigration case, it's time to consult with an expert. Filing a writ of mandamus can be complex, and having a skilled immigration attorney by your side ensures that all legal procedures are properly followed, maximizing your chances of success.
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.
Who qualifies?
Your case is past posted processing times
Usually well past, courts look for delay measured in years, not weeks.
You have made inquiries that went nowhere
Service requests, congressional inquiries and ombudsman contacts help the record.
The agency has a clear duty to decide
Adjudication is mandatory even when the outcome is discretionary.
Nothing is pending from you
An outstanding request for evidence explains the delay and defeats the claim.
Schedule a case evaluation
Tell us your situation. We will tell you honestly whether you have a case.
Schedule Free Case EvaluationWe reply within 1 business day, in English, Spanish or Portuguese.
Do you qualify? A four-question check
Do you qualify? A four-question check
Four questions. Nothing you answer is stored or sent to us.
What does the process look like?
Review the delay and the record
1 week
Receipt dates, inquiries and processing data.
Demand letter to the agency
2 to 4 weeks
Sometimes enough on its own.
File in federal district court
Filing week
The complaint names the agency officials responsible.
Government response and decision
60 to 120 days
The U.S. Attorney's office usually pushes the agency to adjudicate.
How long does it take?
Most mandamus cases end with a decision from the agency within 60 to 120 days of filing. Cases that reach briefing take longer, but the majority never get that far.
What does it cost?
Flat litigation fee, quoted before filing.
We quote a flat fee for the lawsuit so you know the cost before deciding. Court filing costs are separate and disclosed up front. We will not file if we do not think the delay is bad enough to win.
Government filing fees are set by the agencies and are not part of our fee.
Frequently asked questions
No. The suit is about timing, not merits, and retaliation would itself be unlawful.
Contact
Tell us about your case
Send us the basics and we'll reply within one business day in English, Spanish or Portuguese.
- We reply within one business day, in English, Spanish or Portuguese.
- Consultations by phone, Zoom or WhatsApp.
- Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.
Take the Next Step Today
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