· Immigration Mandamus Lawsuits · 3 min read
Immigration Mandamus Lawsuits
Learn about the process of immigration mandamus cases...
What are Immigration Mandamus Lawsuits ?
When are they filed? | Informative Guide**
What is a Mandamus Case?
The word “mandamus” is of Latin origin and means “to command.” An **immigration mandamus action** is a **compulsory** action filed in U.S. federal courts against a government agency, such as USCIS (U.S. Citizenship and Immigration Services) or the Department of State, due to **excessive delay** in processing your application.
In other words, this lawsuit asks the court to order the government agency to process your application within a reasonable timeframe.
In Which Cases Can a Mandamus Lawsuit Be Filed?
A Mandamus lawsuit can be filed if the following immigration applications have not been processed for an extended period of time:
-I-130 (Family-Based Green Card)
-I-485 (Adjustment of Status)
-I-140 (Employer Sponsorship)
-N-400 (Citizenship Application)
-K-1 Fiancé Visa
-I-730, I-601, DS-260, and similar
Generally, 6-12 months or more must have passed since the application was filed.*
Purpose of a Mandamus Action
The purpose of this action is not to approve or deny the application. The purpose is to compel the relevant government agency to take action. The court requests that the agency “process this case immediately.”
> Note: If the application is already close to being denied, this lawsuit may expedite the denial. Therefore, it is very important to consult with an immigration attorney.
How to File a Mandamus Lawsuit?
**The delay in the application is proven** (e.g., USCIS case status, past process).
A complaint is filed with the federal court with the assistance of an attorney.
The lawsuit typically targets the Department of Homeland Security (DHS), the USCIS Director, and relevant agencies.
The agency must respond to the court.
Typically, the application process accelerates after the lawsuit is filed (results can be obtained within an average of 30-90 days).
Common Mistakes
* **Submitting insufficient documentation**
* The application process has not yet been completed within a “reasonable time.”
* There are deficiencies in the file or special circumstances such as a security review.
* Filing a lawsuit without a lawyer.
What You Need to Know Before Filing a Mandamus Lawsuit
* Winning the lawsuit does not guarantee that the application will be approved.
* USCIS or the consulate may still issue a negative decision.
* However, pending applications are typically processed after the lawsuit is filed.
* If there are no serious deficiencies in the file, the lawsuit will result in a positive outcome.
The Importance of Seeking Consultation
Since mandamus lawsuits are filed at the federal level, **a properly prepared lawsuit petition and strategy are crucial.** Therefore, seeking support from an expert consultant in immigration law ensures the process proceeds successfully.
If you have not received a response to your application for an extended period and believe a reasonable time has passed, an immigration mandamus lawsuit may be a solution for you. Since this process is complex and sensitive, proceeding with professional legal consultation is the most prudent approach.
