When Should You File a Mandamus Lawsuit Against USCIS?

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.

What Constitutes an “Unreasonable Delay”?

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:

• Processing Times are Exceeded: Your case has been pending significantly longer than the posted processing times for similar applications.
• No Action Has Been Taken: The agency has failed to take any meaningful steps on your file for an extended period.
• Statutory Requirements: Congress has set specific expectations for the adjudication of certain benefits that are not being met.

The Importance of Demonstrating Personal Harm

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:

• Inability to Work: You are losing employment opportunities or cannot support your family because of the delay.
• Family Separation: You are physically unable to be with your loved ones.
• Emotional Distress: The uncertainty you face is producing severe anxiety or medical issues.

Risks and Considerations of a Mandamus Suit

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:

• Cost: Federal litigation involves filing fees and attorney fees.
• Potential Denial: If your case has weaknesses, forcing a decision might result in a denial sooner than if you had waited.
• Litigation Timeline: While often faster than waiting, contested cases can still take time if the government fights back.

Possible Court Outcomes

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:

• Settlement: USCIS may recognize that the delay is indefensible and agree to issue a decision to avoid further litigation.
• Court Order: If the judge rules in your favor, they will order USCIS to make a decision within a specific timeframe.
• Dismissal: In some instances, the court may find the delay is not yet unreasonable.

You Can Move USCIS to Action on Your Immigration Case

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.