A Mandamus lawsuit is a legal action filed to compel a federal agency, officer, or institution, such as the U.S. Citizenship and Immigration Services (USCIS), to take action. It is typically used to help individuals seeking immigration benefits ensure their case is processed and a decision is made.
A Mandamus lawsuit serves as a solution when immigration agencies or officials experience unreasonable delays in processing an application. Through this lawsuit, the applicant forces the agency to resolve the case and provide a decision.
The most common use of Mandamus lawsuits in immigration law is to address delays in processing immigration applications. If an immigration agency, such as USCIS or the Immigration Court (EOIR), has not processed or made a decision on a case within a reasonable time, the applicant may file a Mandamus lawsuit to prompt action.
Additionally, a Mandamus lawsuit can be filed if an immigration court or the Board of Immigration Appeals (BIA) fails to make a decision after a significant period of time. This lawsuit forces the court or BIA to take action and move the applicant’s case forward.
To file a Mandamus lawsuit, certain criteria must be met:
Additionally, you must clearly demonstrate that USCIS has experienced a delay in your case.
Under the Administrative Procedures Act, agencies are required to perform their duties within a reasonable time frame. To determine if USCIS’s delay is unreasonable, various factors can be considered. One simple method is to check the standard processing time on the USCIS website. If your case is still within the standard processing time, you may need to wait longer. However, if your case has exceeded the standard processing time and you have not received a decision, hiring an attorney to file a Mandamus lawsuit might be the best course of action.
When a Mandamus lawsuit is filed, it primarily seeks the court’s order for USCIS to make a timely decision. These lawsuits rarely go before a judge. Most often, the mere filing of the lawsuit pressures USCIS to resolve the case.
After reviewing the Mandamus lawsuit, the court may result in one of the following:
If you are facing delays in your immigration case, consider reaching out to our attorneys at Yellow Law. We can help you navigate the Mandamus lawsuit process and ensure your case moves forward.
