· Writ of Mandamus · 2 min read
What is a Writ of Mandamus?
A practical guide to filing a Writ of Mandamus when U.S. immigration agencies fail to act within reasonable processing times.
What is a Writ of Mandamus?
Formally called a mandamus petition or order, mandamus is a type of lawsuit filed in federal court to compel a U.S. government official to fulfill their duties.An immigration mandamus action is a compulsory action filed in U.S. federal courts against a government agency, such as USCIS or the Department of State, due to “excessive delay” in processing your application.
This is a lawsuit that absolutely must be filed with the assistance of a lawyer.
Which Applications Can a Mandamus Lawsuit Be Filed For?
A Mandamus 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..
What Are the Requirements for Filing a Writ of Mandamus?
- The USCIS or another government agency has subjected you to an unreasonable delay.
- Your application has exceeded the legally established processing time.
- All requested documents have been submitted and all statutory and procedural requirements have been fully satisfied.
How Long Must You Wait Before Filing a Writ of Mandamus?
The waiting period depends on the type of application and whether the delay exceeds what is considered a reasonable processing time under the law.
*For example, the current average processing time for Form I-751 is approximately 18–24 months.
In asylum-related cases, a delay is generally considered excessive when the application has been pending for more than four years.
How Is a Writ of Mandamus Filed?
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.
How Long Does It Take to See Results After Filing a Writ of Mandamus?
Results can be obtained within an average of 30-90 days.Typically, the application process accelerates after the lawsuit is filed.
Writ of Mandamus & the Role of an Experienced Attorney
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.
Capitol Law Partners & Experienced Mandamus Lawyers
Mandamus lawsuits require a strategic and carefully structured approach, as they are filed directly in U.S. federal courts against government agencies. Capitol Law Partners represents individuals facing prolonged and unreasonable immigration delays, providing experienced legal support in immigration mandamus actions against USCIS, the Department of Homeland Security, and other federal agencies.
With a strong focus on immigration litigation and mandamus cases, Capitol Law Partners works with clients to assess eligibility, develop effective legal strategies, and pursue timely resolutions. Our experienced mandamus attorneys understand the procedural and legal complexities involved and are committed to advancing our clients’ cases efficiently and lawfully.
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