Overcoming Immigration Delays with a Writ of Mandamus

Understanding Delays in U.S. Immigration Applications and the Role of a Writ of Mandamus

When you apply for a green card or any other immigration benefit in the United States, you might face unexpected delays. These stalls in the application process can occur at various stages, such as during naturalization or while petitioning for visas for family members abroad. The waiting can be a significant burden, particularly when you have exhausted all available administrative remedies and traditional approaches like contacting your congressman, USCIS, or scheduling InfoPass appointments. When faced with this situation, we discuss when to consider a legal step known as a mandamus action here.

What is a Writ of Mandamus?

• Definition: A Writ of Mandamus is a court order that compels a government officer to perform an official duty they are legally obligated to undertake.
• Application in Immigration: Immigration demands explicitly a decision on applications that have been pending without reason, compelling USCIS or the State Department to act.
• Effect: While it does not guarantee application approval, it ensures action is taken, reducing the limbo state and allowing applicants to move forward.

The Legal Basis and Impact of a Writ of Mandamus

• Purpose: This action is typically filed to remind federal agencies like the USCIS of their duty to either approve or deny applications by their rules.
• Outcome: Filing can prompt a decision usually within 30 to 60 days, significantly easing the applicant’s stress and uncertainty.

Reasons Behind Immigration Application Delays

• Administrative Backlogs: High volumes of applications can slow processing times.
• Security Checks: Extensive background checks are standard and can delay decisions.
• Bureaucracy: Multiple layers of administrative procedures often complicate and delay obtaining status updates.

Writ of Mandamus: A Strategic Path to Resolution

• When to Consider: This legal step is advisable when all other administrative actions available for your application have failed.
• Benefits: It catalyzes a resolution, ensuring your application receives attention and definitive action.

Conclusion

Handling a Writ of Mandamus requires specialized legal knowledge. If you are experiencing unexplained delays in your immigration application and are considering a mandamus lawsuit, engaging with experienced mandamus lawyers is crucial. Contact us today to see how we can help move your delayed immigration case forward with a writ of mandamus.