The immigration process in the United States is known to be painfully slow at times. For many applicants, checking case statuses only to see “pending” month after month is a source of immense anxiety and frustration. While some processing time is to be expected, there comes a point at which a delay becomes legally unreasonable. You should not be required to wait indefinitely.
In these delayed cases, a Writ of Mandamus is a powerful legal tool that can be used to compel the government to do its job. It is a lawsuit filed in federal court against the United States Citizenship and Immigration Services (USCIS) to force a decision on a stalled application. At Kriezelman Burton & Associates, LLC, we have been providing aggressive legal representation for immigration matters since 1974. We understand that your life cannot be put on hold forever, and we are prepared to utilize federal court litigation to ensure your rights are protected.
The core of a mandamus lawsuit often hinges on whether the delay in your case is “unreasonable.” There is no single timeframe that applies to every case, but courts look at several factors to determine if the government has failed in its duty. Generally, a delay may be considered unreasonable if:
When filing a mandamus lawsuit, it is helpful to show that the delay is causing you actual harm. A judge may be more likely to view a delay as unreasonable if it negatively impacts your health, welfare, or human needs. Examples of personal harm often include:
Before filing a lawsuit, it is vital to understand that this action forces a decision, but it does not guarantee a positive one. Mandamus asks the court to order USCIS to adjudicate the petition, not to approve it. Important considerations include:
Once a complaint is filed on your behalf, the government generally has 60 days to respond. This legal pressure often yields results. The typical outcomes include:
You have the right to a decision. If your application has been languishing in the system without explanation, it may be time to consider federal litigation.
At Kriezelman Burton & Associates, LLC, we have experience with these kinds of complex immigration matters, including federal court litigation. Our team is ready to evaluate your situation. Contact us today to determine if a mandamus lawsuit is the right strategy to move your immigration case, and your life, forward.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
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