The use of mandamus petitions to compel the government to decide on immigration applications has become a widely discussed topic. However, with the increasing popularity of these petitions, several misconceptions have emerged. Many prospective clients approach us with incorrect assumptions about what mandamus petitions can and cannot do.
To clarify, we are breaking down the five most common myths associated with mandamus petitions in immigration law.
What is a Mandamus Petition?
A mandamus petition is a lawsuit filed in federal court to compel a government agency, such as USCIS or the U.S. Department of State, to make a decision on a delayed immigration application. However, this legal tool does not guarantee approval of an application—only that a decision will be made.
Now, let’s debunk the common myths associated with mandamus petitions.
Myth #1: Winning a Mandamus Petition Means the Government Must Approve My Case
Truth:
Winning a mandamus petition does not mean your application will be approved. It simply forces the government to make a decision—which could still be a denial. A mandamus lawsuit only compels the government to act on your case, but it does not dictate how the decision should be made.
Myth #2: I Can File a Mandamus Petition No Matter How Long My Case Has Been Pending
Truth:
While you can file a mandamus petition at any time, the court is unlikely to intervene unless the delay is unreasonable.
- Some applications have statutory deadlines (e.g., naturalization applications should be decided within 120 days of the interview).
- In other cases, the delay must be significant (e.g., 4–5 years for administrative processing in certain federal courts).
- A court may use USCIS’s case processing times as a guideline to determine if your delay is unreasonable.
A good immigration attorney will assess your case to determine whether you have a strong basis for filing a mandamus petition. Filing too early may waste time and money without producing results.
Myth #3: Filing a Mandamus Petition Guarantees a Quick Settlement
Truth:
While many cases do settle, the government is increasingly pushing back against mandamus lawsuits. This can lead to longer litigation and create unfavorable case law that makes future cases harder to win. To increase the likelihood of a favorable settlement, it’s critical to:
- File only in cases where there is a strong legal basis for unreasonable delay.
- Ensure all supporting evidence is included in the filing.
- Work with an experienced immigration attorney who understands federal court litigation.
Myth #4: The Government Will Retaliate Against Me for Filing a Mandamus Petition
Truth:
There is no evidence that filing a mandamus petition results in retaliation.
- In most cases, delays happen because applications get lost or buried under a backlog.
- Filing a mandamus petition simply acts as a tap on the shoulder to remind the agency that a case is pending.
Applicants should not fear retaliation for seeking timely adjudication of their immigration applications.
Myth #5: A Mandamus Petition Can Overturn a Denial
Truth:
A mandamus petition cannot be used to appeal a denied immigration application.
- If USCIS denies your case, you must file an appeal, motion to reopen, or reconsideration request.
- If a U.S. Consulate denies your visa, mandamus cannot force a reversal due to the doctrine of consular nonreviewability.
A mandamus petition is only effective when dealing with delays—not to challenge a final decision.
Final Thoughts: Should You File a Mandamus Petition?
Mandamus petitions are powerful legal tools but should be used strategically.
Before filing a mandamus lawsuit, consider:
- Has your application been pending for an unreasonable amount of time?
- Do federal courts in your jurisdiction consider your wait time excessive?
- Would a mandamus petition increase the chances of your case being reviewed?
If you believe your case has been unreasonably delayed, consult with an experienced immigration attorney to determine whether a mandamus petition is the right solution for you.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions about Mandamus Petitions, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
