If your immigration case has been pending with USCIS for more than one year without a decision post-interview, or if it’s stuck with USCIS before decision over 4.5 years, and ordinary case inquiries have not resolved the delay, a Writ of Mandamus lawsuit may be an option to force the government to take action.

A Writ of Mandamus is a lawsuit filed in U.S. Federal District Court against USCIS and the appropriate federal officials. Federal law gives district courts authority to compel a federal agency or officer to perform a duty owed to an applicant. The Administrative Procedure Act also allows a federal court to compel agency action that has been unlawfully withheld or unreasonably delayed.

What Does a Mandamus Lawsuit Do?

The purpose of the lawsuit is to tell the federal court:

USCIS has had enough time to process this case. The applicant has complied with the requirements, but the government has failed to make a decision. We are asking the Court to require USCIS to act.

A Mandamus lawsuit does not ask the judge to approve your immigration case and does not guarantee approval. Instead, it asks the court to require USCIS to move the case forward and make a decision.

What Happens After the Lawsuit Is Filed?

Once the federal lawsuit is filed, USCIS and the responsible federal officials are formally served with the complaint. The case is no longer simply sitting in the USCIS processing system—the federal government must respond to litigation concerning the delay.

In many cases, the filing of the lawsuit can result in USCIS reviewing the application, scheduling an interview, completing necessary background processing, issuing a Request for Evidence if additional information is required, or making a final decision. The exact result and timing cannot be guaranteed.

What Types of Cases May Qualify?

Mandamus litigation may potentially be considered for delayed:

Green Card / Adjustment of Status applications (Form I-485)
Naturalization applications (Form N-400)
Family petitions (Form I-130)
Employment-based immigration petitions
Asylum and other immigration applications
Other USCIS cases that have remained pending for an unusually long period

There is no automatic rule that a case becomes eligible for Mandamus simply because one year has passed. The question is whether the delay is unreasonable under the circumstances. We evaluate the type of application, normal processing expectations, how long the case has been pending, the reason USCIS has given for the delay, and the applicant’s prior efforts to obtain a decision.

When Should You Consider Mandamus?

PRE-INTERVIEW

If you did not yet have a USCIS interview, a time period of 4.5 years is best before you file a Writ of Mandamus.

POST-INTERVIEW

If your case has been pending for over one year after your interview, particularly when you have already submitted USCIS inquiries or otherwise tried unsuccessfully to obtain meaningful information, it may be time to have an immigration attorney evaluate whether federal litigation is appropriate.

You do not necessarily have to continue waiting indefinitely simply because USCIS tells you that your case is still pending. Federal law provides a mechanism for applicants to challenge government action that has been unreasonably delayed.

Our attorneys can review your USCIS case history, determine whether the delay may support a Mandamus action, and, when appropriate, file a lawsuit in federal court seeking to require the government to finally take action on your immigration case.

CALL SHEPELSKY LAW GROUP TODAY TO BEGIN YOUR OWN WRIT OF MANDAMUS JOURNEY AT TEL: 718-769-6352