What is a Mandamus Action?
A Mandamus Action is a type of lawsuit that can be filed in federal court when an immigration agency, such as USCIS, fails to make a decision or take action on your case within a reasonable time frame. By filing a mandamus action, you are requesting the court to compel the agency to act on your petition or application.
When Are Mandamus Actions Typically Used?
- USCIS has failed to process your application within a reasonable period.
- There is an unreasonable delay in adjudicating your immigration petition or case.
- You have exhausted other options for resolution, including contacting USCIS or filing inquiries.
This legal action can help speed up the process and compel the government to act on your case.
Your case must have been pending an “unreasonable” amount of time. The exact time frame depends on the facts of your situation, but a general rule of thumb is to wait at least 12-24 months since the last action was taken on your case.
In our experience, for most cases the government makes a decision on the case within 60 days of us filing the lawsuit. We can usually file fairly quickly, but sometimes we need to take preliminary steps before filing such as making any appropriate inquiries or complaints – to make sure your case has the best chance of success!
This is a common fear, but no! We are fortunate that the United States is a country where even the government must follow the law. The decision on your case will be the same outcome as it would have been, just hopefully much faster!
Then you remain basically in the same position as you were before and must wait for a response. However, we actually have an excellent success rate on mandamus actions so it is likely that you will get a swift decision as hoped. Our attorneys are very transparent regarding the likelihood of success and will not accept cases we do not believe we can win.
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