A Writ of Mandamus_Resolving your unreasonably delayed, pending USCIS case
Experiencing Delays with Your USCIS Case? Understanding Writ of Mandamus in Immigration Law
If you’ve filed an immigration application with U.S. Citizenship and Immigration Services (USCIS) and are facing extensive delays, it’s normal to feel frustrated and uncertain about your next steps. In such situations, a legal option known as a Writ of Mandamus might help move your case forward.
What is a Writ of Mandamus?
A Writ of Mandamus is a legal action filed in federal court. This lawsuit is used to compel a U.S. government agency such as USCIS to perform a mandatory duty owed to an applicant. It serves as a tool to address prolonged delays and ensure applicants receive a decision on their case.
How Can a Writ of Mandamus Help in Immigration Cases?
In immigration law, a Writ of Mandamus can address unreasonable delays or inaction by government agencies. The most common scenario is when USCIS or other agencies fail to process an application or petition within a reasonable time. If you have a pending case that falls under this situation, a Writ of Mandamus can get your case adjudicated.
By filing this lawsuit, applicants can hold immigration agencies accountable for unreasonable delays and ensure prompt action.
Key Requirements for Filing a Writ of Mandamus
To successfully file a Writ of Mandamus, you must demonstrate the following:
Clear Duty to Act: USCIS has a specific obligation to process your case.
Obligation Owed to You: This duty applies to your specific situation.
No Alternative Relief: There are no other remedies available to address the delay. In this section, you need to include evidence of your contacts with USCIS, requesting help from congressmen and senators, or contacting the CIS ombudsman channel. We advise you on every step of the process.
4. Unreasonableness: Finally, you must show that the delay in your case is unreasonable.
We help prepare a Writ of Mandamus and evidence, which becomes your complaint packet. Our services include filing your complaint with a proper U.S. District Court and serving the defendants with your complaint and summons.
What Constitutes an “Unreasonable” Delay?
Under the Administrative Procedures Act, federal agencies are required to complete tasks assigned by Congress within a reasonable timeframe. Determining whether a delay is unreasonable can involve several factors, but the easiest way is to check USCIS’s standard processing times. If your case has exceeded the typical processing period, it may be time to consider legal action to bring your case to an end.
What Happens After Filing a Writ of Mandamus?
When a mandamus lawsuit is filed, the goal is to compel USCIS to make a decision—not to dictate the outcome. Filing often prompts swift action, and cases rarely go to court. Potential outcomes include: 1) USCIS processes and decides on your case, which could lead to an approval or denial; 2) The agency may transfer your case to another office, potentially expediting processing; 3) The court may require USCIS to provide a detailed reason for the delay.
Fees associated with a Mandamus filing
Attorney’s fee
Court filing fee (separate): Depending on your jurisdiction, it typically ranges between $450 and $600.
USPS postage fee (separate): This is the fee for serving the defendant by mailing the summons. Typically, less than $100.
Recap
Simply speaking, filing a Writ of Mandamus is suing the government agencies responsible for your case, and in your case, you are suing the DHS and USCIS as defendants. The basis of your lawsuit is that government agencies must adjudicate your case within a reasonable timeline. If your immigration case has been pending for 10 months or more than the standard processing time, that means the government agencies are not performing their duties, and their non-performance (delayed processing) harms you on many different levels. You, as the Plaintiff of the lawsuit, must include all details about your case, what duty the agencies owe to you, what has not been done, how long it has been since your case was filed, the harm you suffered, and you exhausted any other ways to move your case forward but to sue them in the court.
This whole thing may sound scary at first sight, but there is no negative consequence of bringing a lawsuit against these agencies through a writ of mandamus. Most times, government agencies do not fight back but quickly act on your case by reviewing your case, issuing a Request for Evidence (RFE) if any additional documents are needed, or calling you for an interview. Filing a writ of mandamus means having USCIS promptly act on your case so you will get a case determination as soon as possible (approval, RFE, or denial in a rare case when the application filed initially lacked evidence or did not qualify). Generally, an applicant receives an update from USCIS in 10-60 days.
Thus, filing a lawsuit can be a good option if you know your case is solid and straightforward but it has been pending for more than 10 months or more than the normal processing time.
Why You Need a Mandamus Lawyer
While a Writ of Mandamus can be a powerful way of resolving your unreasonably delayed case, it’s advised to consult with a competent immigration attorney to evaluate your case and guide you through the process. We have successfully handled mandamus lawsuits and can help you navigate the complexities of immigration law to achieve a timely resolution.
If you’re experiencing delays with your immigration case, contact our office at (571) 387-0407 or email us at info@amylawoffice.com to have your case evaluated.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.