What is Mandamus?
Looking for A Specific Post? Search Below
Hello everyone. Erin Cobb here. Welcome back to Kriezelman Burton & Associates’ series on immigration terms and abbreviations. Today we are going to be talking about the term mandamus. Formally called a petition of writ of mandamus, mandamus is a type of lawsuit that is filed in federal court as a way to compel an official of the U.S. government to perform his or her duty. In the immigration context, this usually means compelling the U.S. Citizen and Immigration Services (USCIS) to decide an application that has been pending for a very long time.
Now, in this case, your lawyer has to prove three things, among others, to get the court to order the agency to make a decision. One, they must prove that the agency, usually USCIS, has the duty to decide your application. Two, that you have the right to have your application decided. And three, the real issue in these types of cases, whether the delay in making a decision is unreasonable. For example, the court could look to the expected processing times and whether your application falls outside of that, whether you’ve been harmed or there’s been some other effect upon you because of the delay, or if Congress, or the agency itself, has set particular expectations for that application that you’re not meeting.
How does this actually work? Well, the attorney will draft a document called a complaint. This is the first paper that’s filed with the court, which essentially says, “this is our problem and this is how it can be fixed.” Once the complaint has been filed with the court, the attorney has to serve or give copies to the opposing parties. In this case, the opposing parties would be the immigration service and other federal agencies.
After receiving the complaint, USCIS is automatically given 60 days to respond to the complaint. It usually uses this time to investigate why the case is taking so long. At this point, the judge that was assigned to the case will set a status hearing. The agency attorneys and your own attorneys will discuss the case and decide how to move forward. Sometimes, the agency recognizes that the amount of time the application has been pending is unreasonable, and they will just settle the case by deciding the application. Other times, however, the attorneys will wrangle and fight about it, but always through a formal written procedure in front of the judge. It is important to remember that a judge cannot order immigration to grant your application with a mandamus suit. Instead, the judge is ordering the service to decide your application. It is then up to USCIS to grant or deny the application as is appropriate.
As you can tell, the process can be short or can be drawn out. Regardless of the duration of your mandamus suit, it is advised to speak with an immigration attorney to ensure you have the correct information or go through the process in the proper way. Please never hesitate to contact the attorneys at Kriezelman Burton & Associated with any immigration cases. We are here to assist you. Call or fill out our contact form online to schedule a consultation today.
Co Mówią Nasi Klienci
Ocena 5 gwiazdek | Na podstawie 200+ pozytywnych opinii na Google
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
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…
Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
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…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Brittni Rivera She is my Attorney from 2017 Thank you so, so much. This truly wouldn’t have been possible without you, Brittni. Can’t wait to file for the green cards.
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Schedule a consultation!:
Umów się na konsultację!
Libertyville
Reklama prawnika. Informacje te mają wyłącznie charakter ogólny. Przedstawionych informacji nie należy interpretować jako formalnej porady prawnej ani tworzenia relacji prawnik/klient. Wcześniejsze wyniki i referencje nie stanowią gwarancji, rękojmi ani przewidywania wyniku Twojej sprawy i nie powinny być w ten sposób interpretowane. Wyniki z przeszłości nie mogą zagwarantować przyszłych wyników. Jakikolwiek wynik w pojedynczej sprawie nie ma na celu stworzenia oczekiwań podobnych wyników w przyszłych sprawach, ponieważ każdy przypadek wiąże się z wieloma różnymi czynnikami, dlatego też wyniki będą się różnić w każdym przypadku. Podając dane kontaktowe, użytkownicy potwierdzają i wyrażają wyraźną zgodę na kontakt za pośrednictwem udostępnionych metod komunikacji, w tym wiadomości SMS. Mogą obowiązywać stawki za wiadomości i transmisję danych. Częstotliwość wiadomości może się różnić. Odpowiedz STOP, aby zrezygnować.
NUVEW | Prawo autorskie 2026 Wszelkie prawa zastrzeżone | Informacja o dostępności | polityka prywatności