Last Updated on August 20, 2024 by Linda Lee
If you have filed an immigration application with U.S. Citizenship and Immigration Services (USCIS) and experienced significant delays in the processing of your case, you might be feeling frustrated and uncertain about your status. In such situations, you may consider seeking relief through a legal remedy known as Writ of Mandamus.
What is a Writ of Mandamus in Immigration Law?
Mandamus is a Latin term that translates to “we command.” A Writ of Mandamus is a lawsuit that is brought in federal court to compel an employee, officer or agency of the United States, in this case USCIS, to act. It serves as a way for applicants to assert their rights and force USCIS to make a decision on their case.
What Does a Writ of Mandamus Do in Immigration Cases?
A writ of mandamus can help resolve situations where there has been unreasonable delay or inaction on the part of immigration agencies or officials, preventing the petitioner from obtaining a decision or resolution on their case.
One common application of a writ of mandamus in immigration law is to address delays in the adjudication of immigration applications or petitions. If an immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR), has failed to process or make a decision on an application or petition within a reasonable time frame, an individual may file a petition for a writ of mandamus to compel the agency to take action.
Another scenario where a writ of mandamus may be sought in immigration cases is when an immigration court or the Board of Immigration Appeals (BIA) has failed to issue a decision or ruling on a case after a prolonged period. In such instances, the writ can be used to compel the court or the BIA to render a decision, preventing further delays and ensuring the petitioner’s case moves forward.
It’s very important to contact our immigration law office and speak to our experienced immigration attorney today if you are experiencing delays. Our attorneys have a wealth of experience handling mandamus lawsuits and are the most experienced in the nation. Call us now at (213) 375-4084
Writ of Mandamus Requirements
(1) USCIS has a clear duty to perform in your case;
(2) That this duty is owed to you; and,
(3) That there are no other forms of relief available to you. ‘
We must also clearly demonstrate that USCIS’ delay to perform in your case is unreasonable.
Determining USCIS Delay is Unreasonable
The Administrative Procedures Act mandates that when an agency is given a task by Congress then it has a duty to complete the task within a reasonable time. There are several different factors that can be used to determine whether USCIS’ delay is unreasonable, but the easiest way is to check their website to determine what their standard processing time is. If your case falls within the standard processing time you need to give USCIS some more time to make a decision. If your case has fallen outside of the standard processing time, however, and you still haven’t received a decision, then hiring ILOLA to file a Writ of Mandamus may be your best option.
Note that when a Writ of Mandamus is filed, it just asks the judge to tell USCIS to make a decision and to do it quickly. In our experience, Writs of Mandamus rarely even go before a judge. Often, the filing of the lawsuit will prompt USCIS to render a decision on the case!
Potential Mandamus Outcomes
Once the court reviews your mandamus lawsuit, there are several potential outcomes:
Case Adjudication: In many instances, filing a mandamus lawsuit prompts USCIS to take action on your case and adjudicate it promptly. You may receive a decision on your application or petition, which could result in an approval or denial.
Case Transferred: In some cases, USCIS may transfer your case to another office, which could potentially speed up the processing.
Explanation for Delay: The court may order USCIS to provide a detailed explanation for the delay in processing your case.
USCIS Mandamus Lawyer
While a USCIS mandamus can be an effective legal remedy for delayed immigration cases, it is essential to consult with our immigration attorneys to assess the merits of your case and ensure that it is appropriate for a mandamus action. Laws and procedures may vary, and legal representation will help navigate the complexities of the process and improve your chances of obtaining a resolution to your immigration application in a timely manner. Remember that the information provided here is not legal advice, and consulting with our immigration attorneys is crucial to understanding your specific situation and the best course of action to pursue.
If your case is taking too long, contact our office now at (213) 375-4084 to discuss whether a Writ of Mandamus may be appropriate in your situation.
Writ of Mandamus Success Stories
Writ of Mandamus Frequently Asked Questions
I filed my visa application with United States Citizenship and Immigration Services (USCIS) over a year ago, but despite repeated inquiries, I haven’t received a decision! What do I do?
Whenever we are asked this question at the Immigration Law Office of Los Angeles, we always analyze the case to determine whether a Writ of Mandamus should be filed. A Writ of Mandamus is a lawsuit that is brought in federal court to compel an employee, officer or agency of the United States, in this case USCIS, to act. In order to prevail, we must show:
(1) USCIS has a clear duty to perform in your case;
(2) That this duty is owed to you; and,
(3) That there are no other forms of relief available to you. ‘
We must also clearly demonstrate that USCIS’ delay to perform in your case is unreasonable.
The Administrative Procedures Act mandates that when an agency is given a task by Congress then it has a duty to complete the task within a reasonable time. There are several different factors that can be used to determine whether USCIS’ delay is unreasonable, but the easiest way is to check their website to determine what their standard processing time is. If your case falls within the standard processing time you need to give USCIS some more time to make a decision. If your case has fallen outside of the standard processing time, however, and you still haven’t received a decision, then hiring ILOLA to file a Writ of Mandamus may be your best option.
