If you are experiencing delays in your immigration case and the government has not acted within a “reasonable time,” you may be able to file a writ of mandamus against U.S. Citizenship and Immigration Services (USCIS) or the Department of State to compel the government to act on your case to avoid legal repercussions.
If you would like help with a lawsuit through a writ of mandamus for immigration delays, reach out to Cho Immigration Law by calling 312-853-3088 to consult a Chicago immigration lawyer.
Can You Sue USCIS to Force a Decision Through a Writ of Mandamus?
According to recent USCIS data, processing times for many visa applications have increased in the last year, including an 18% drop in processing completions earlier in the year.
If the U.S. government fails to act on time to process your application, you may be able to file a writ of mandamus to encourage its completion. A writ of mandamus is a federal court order that forces government agencies to fulfill their obligations with the threat of legal action. Although a writ of mandamus in these cases won’t guarantee that USCIS or the State Department will approve your application, it could mitigate the risk of further delays in processing your application.
To qualify for a writ of mandamus for immigration delays, your case must meet criteria, including:
- The ability to demonstrate entitlement to a decision regarding your immigration case and processing time
- An unreasonable delay prevents your case from moving along, as a violation of either policy or immigration law
- The designated agency is legally obligated to process your application
- Service requests, contacting the agency, and other measures have all failed to move the case along
With the help of a green card lawyer, you may be able to file a writ of mandamus and begin an immigration delay lawsuit against USCIS or the State Department.
How Does a Writ of Mandamus Work for Immigration Delays?
When filing a writ of mandamus for immigration delays in your case, the process will typically involve the following key steps:
1. Filing a Formal Complaint
The process starts with a formal written complaint that details the case and the nature of the delay. This document will include the type of immigration application you have submitted, the time of filing, and the length of time it has been pending, along with previous attempts to eliminate the delay.
2. Submitting a Legal Claim
You or an immigration lawyer will file a legal claim stating that the responsible government agency has failed to act within a “reasonable time,” based on applicable laws like the Administrative Procedure Act (APA).
3. Sending a Plea for Relief
This document requests a review of your application and a corresponding decision from the agency.
This process comes with fees that your attorney should discuss. For example, you will need to pay a filing fee of around $400 to $500, with the cost varying based on the district. The U.S. government typically allows payment via online systems and in-person filing.
Additionally, legal fees will apply, which could reach up to around $10,000 or even more, with the total cost depending on the case’s complexity and what the lawyer charges. Other costs may apply, such as those for obtaining and serving various relevant documents.
Which USCIS Delays Qualify for a Mandamus Lawsuit?
You may file a writ of mandamus for immigration delays if you experience the following types of delays:
Naturalization
Individuals may qualify for a writ of mandamus during the naturalization process if they have waited an unreasonably long time for USCIS to process their application and they have not scheduled an interview. They may also file an immigration delay lawsuit if they have completed their interview, but USCIS has taken more than 120 days to make a decision regarding the case.
Green Card and Family-Based Immigration
If a case in these categories has been pending for over 12 months after initial filing, individuals filing family- or marriage-based visa applications may be able to submit a writ of mandamus. While it is possible to file after eight months, it’s often better to wait for 12 months to build a better case.
Consular and 221(g) Administrative Processing
Following a visa interview, individuals awaiting administrative processing for six to 12 months afterward may have grounds for a writ of mandamus. These delays could involve “unreasonable” periods of time for consular review or background checks.
Asylum
If the USCIS Asylum Office fails to review a case within four to five years after filing, applicants may be able to file an immigration delay lawsuit. In addition, you may be able to file a writ of mandamus if you wait two to three months or longer for a decision after your asylum review.
Individuals applying for EB-5 investor visas, U visas, and VAWA visas may also qualify for a writ of mandamus after their cases exceed their maximum waiting periods.
Reach Out to an Immigration Attorney in Chicago
Delays are among the most frustrating challenges immigrants face, but there are ways to eliminate these delays and keep the immigration process moving.
An immigration attorney will know how to approach your case and determine whether you qualify for a writ of mandamus or another action to remove or prevent a delay.
For help with getting past a delay or another immigration matter, turn to the Chicago immigration lawyers at Cho Immigration Law. We have worked with many clients to keep their cases moving along and can determine the best step to take. Contact us today to learn what our legal team can do for you.
FAQs About Filing a Writ of Mandamus
When can I file a writ of mandamus against USCIS for case delays?
There are situations when you may file a writ of mandamus to initiate an immigration delay lawsuit, such as if your green card application has been pending for an unreasonable period of time, visa processing stalls, citizenship applications are pending review after the 120-day waiting period, or if there are delays in background checks.
How long does a mandamus lawsuit take to resolve immigration delays?
While there isn’t a fixed deadline for mandamus lawsuits, the process typically takes around three to six months to complete, with some taking shorter or longer, depending on the complexity of the particular issue and the USCIS workload.
Can a mandamus action speed up my green card or visa decision?
A writ of mandamus could expedite the green card or visa application process by encouraging USCIS to act on your immigration case within a “reasonable time,” which could shorten the length of your application process by as many as months or even years.
