“Justice delayed is justice denied.” This famous quote, often attributed to British statesman William E. Gladstone, is especially relevant in U.S. immigration matters. Waiting for a decision on an immigration case can feel like an eternity, and in some instances, the delay becomes more than just frustrating—it disrupts lives, families, and futures. If you’re stuck in limbo, feeling overwhelmed or helpless is easy. However, you’re not without options. For those facing unreasonable delays in their immigration case, one powerful legal tool that can expedite the process is the writ of mandamus. So, what is a writ of mandamus?
What is a Writ of Mandamus?
A writ of mandamus is a type of lawsuit filed in federal court to compel a government agency to fulfill its official duties. “Mandamus” is Latin for “we command,” and it serves as an order from the court directing a government agency or official—such as U.S. Citizenship and Immigration Services (USCIS)—to take action on a case they have unreasonably delayed.
Mandamus actions are not specific to immigration law, but they have become a valuable tool for applicants facing prolonged delays. When USCIS or another immigration agency like the Executive Office for Immigration Review (EOIR) fails to move forward with a case in a reasonable time, filing a mandamus lawsuit may be the best way to break the deadlock.
What Does a Writ of Mandamus Do in Immigration Cases?
In immigration cases, a writ of mandamus can be a lifesaver when applicants have been waiting far beyond the standard processing times. These delays can cause severe consequences, from missing out on job opportunities to prolonged family separation. By filing a mandamus petition, you’re asking a federal court to intervene and require the agency to decide on your case.
A mandamus action is commonly used in two scenarios:
- USCIS Processing Delays: Let’s say you applied for a green card or naturalization, but your application has been pending for months—or even years—without any update. Despite numerous inquiries and requests for information, you’re still left in the dark. Here, a writ of mandamus can compel USCIS to take action and decide on your case.
- Immigration Court Delays: Another common situation is when an immigration court or the Board of Immigration Appeals (BIA) takes an unreasonable amount of time to decide. If your case is stuck in a court backlog, a writ of mandamus can push the judge or the board to issue a ruling, preventing you from getting lost in the shuffle.
While a mandamus lawsuit can be a highly effective strategy, it’s essential to understand that it doesn’t guarantee a favorable decision. The purpose is to force the agency to act—whether approving or denying your application.
What Are the Requirements for a Writ of Mandamus?
Not everyone is eligible to file a writ of mandamus. For your mandamus petition to succeed, three specific criteria must be met:
- USCIS Has a Clear Duty to Act in Your Case: The agency must have a legal obligation to perform the action you are seeking. For example, if you’ve filed an application for a benefit, like a visa or green card, USCIS has a duty to process it.
- This Duty Is Owed Directly to You: You must have a specific right to the action you’re requesting. In other words, it’s not enough for the agency to owe a duty to the public at large; the duty must be owed to you personally as the petitioner.
- There Is No Other Adequate Remedy Available: A writ of mandamus is considered a “last resort” remedy. This means you’ve exhausted all other means of getting a decision—such as filing requests for case status updates or contacting a USCIS Ombudsman—before turning to a federal court for help.
Additionally, you must show that the agency’s delay is “unreasonable.” This can be the most challenging part of a mandamus action, as there’s no hard-and-fast rule for what constitutes an “unreasonable delay.” Instead, various factors come into play, including the complexity of your case and how long other similar cases typically take to process.
How to Determine If a USCIS Delay Is Unreasonable
The Administrative Procedures Act (APA) mandates that federal agencies complete tasks assigned by Congress “within a reasonable time.” But what does this mean for immigration cases?
The easiest way to check is by visiting the USCIS Processing Time page. If your case is still within the standard timeframe, waiting a little longer is usually best. However, if your application has exceeded the posted processing times and you’ve already tried reaching out to USCIS without success, a mandamus lawsuit could be the right next step.
When a writ of mandamus is filed, it often doesn’t even go before a judge. In many cases, filing the lawsuit is enough to prompt the USCIS to respond and take action. They know a federal court is now overseeing their inaction, which often leads to quicker decisions.
What Happens After Filing a Writ of Mandamus?
Once you file a writ of mandamus, the case will go through several steps:
- Service of Process: The lawsuit is formally served on the appropriate government officials.
- Government’s Response: The government has a set time to respond, typically 60 days.
- Possible Resolution Before Court Intervention: USCIS frequently makes decisions before the case reaches a judge. They want to avoid litigation and negative publicity.
If USCIS doesn’t act, the court can order them to decide within a specific time frame. While it’s rare for cases to go this far, having a skilled immigration attorney on your side will be crucial if it does.
Need Help Moving Your Immigration Case Forward? Contact 360 Immigration Law Group Today!
Now that we have explored what is a writ of mandamus and how it can help move your case forward, it’s important to understand that this legal tool might be your best option if you’ve been facing significant delays in your immigration case. At 360 Immigration Law Group, our experienced team knows how frustrating and disheartening these delays can be. That’s why we are committed to helping clients across Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, and Plantation, get the timely answers they deserve.
We offer personalized consultations in English, Spanish, and Portuguese to ensure you feel supported and understood every step of the way. Don’t wait any longer. Call us today at 954.667.3660 to schedule your free consultation and explore whether filing a writ of mandamus is right for your immigration case!