Longer delays in immigration cases are frustrating, especially if your case has been in limbo in the United States Citizenship and Immigration Services (USCIS). They can take a lot of toll physically, mentally, and financially, and get in the way of your plans for the life you want to live in the U.S.
If you’re one of those waiting for USCIS to decide on your application, a writ of mandamus may be the best solution to push your case forward.
This guide explores everything about the writ of mandamus, how and when to file it, and the considerations you need to think about before filing.
A writ of mandamus is a kind of lawsuit typically filed in federal court to force a government agency, like the USCIS, to resolve a matter it’s legally required to address. Rather than asking for approval, the lawsuit orders the agency to take legal action and make a decision.
This type of lawsuit is used when USCIS has unreasonably delayed processing an application and hasn’t responded despite submitting service requests.
It's a legal remedy if your immigration application has been hanging by a thread. However, it may not be the right solution for everyone. If you're considering whether to file a mandamus lawsuit, review the criteria below to see if your situation qualifies.
• Your immigration application is unreasonably delayed beyond normal processing times.
• There’s still no resolution to your concern with the USCIS contact center.
• There’s no outcome even after speaking with a congressional representative.
• Escalation through immigration courts or internal reviews has failed.
• You’re facing hardship due to the delayed application.
• You’ve exhausted every other method.
You can see faster movement if you pursue immigration writs, although there won’t be any guarantee of approval.
The lawyer will assess whether your case qualifies for a lawsuit based on its strength before filing.
If your case is strong enough for a mandamus lawsuit, the lawyer will help you outline facts, cite the relevant immigration law, and write why the delay is unreasonable.
The lawsuit will be filed against immigration agencies like the USCIS and other government agencies involved.
Once a mandamus lawsuit is filed, the USCIS gives a response and prioritizes the case to avoid prolonged litigation.
Mandamus lawsuits typically:
• Compel USCIS to release a decision on your case.
• Work for various immigration benefits, like adjustment of status, visa applications, and naturalization.
• Are filed in district court as federal litigation.
Mandamus cases cannot:
• Guarantee approval of your application.
• Force USCIS to favor your circumstances.
• Help you avoid additional costs.
These are some of the reasons why:
• Administrative backlogs
• Security checks
• Background investigations
• Internal reviews because of policy changes
• Human error
• Misplaced documentation
The writ of mandamus may be an excellent legal recourse if USCIS has a legally required duty to process your case and there’s still an unreasonable delay behind it.
Filing mandamus lawsuits usually includes:
• Court filing fees: You must pay a certain amount to the court upon submission.
• Legal representation: You have to hire an immigration lawyer or a mandamus attorney for federal court proceedings.
• Attorney fees: This amount can vary depending on the case’s complexity and region.
• Additional costs: These may arise if the case goes to trial or needs input from other sources.
You have to prepare for the possible expenses before hiring an experienced immigration attorney specializing in mandamus cases.
Mandamus lawsuits force USCIS to decide on an application when they don’t respond within the usual timeframe. Getting the services of an experienced immigration attorney can help you navigate the complications of a stalled immigration application. They can guide you on what to do next, weigh risks, and see if a specific legal action suits your situation.
Work with our St. Louis immigration lawyers at Hacking Immigration Law, LLC, now!
