Recently, I represented a client whose Adjustment of Status application had been pending with USCIS for nearly 18 months without a decision.
After waiting for USCIS to act, we filed a federal mandamus lawsuit.
Approximately 60 days after filing the lawsuit, USCIS approved the client’s green card application.
While every case is different and no attorney can promise the same result or timeline, this case is a good example of an important option many immigrants do not realize exists: you do not always have to wait indefinitely for the government to make a decision.
What Is a Mandamus Lawsuit?
A mandamus action is a lawsuit filed in federal court asking the court to require a government agency to perform a duty it is legally required to perform.
In the immigration context, it can be used in certain circumstances when USCIS or another government agency has unreasonably delayed making a decision.
Importantly, a mandamus lawsuit does not ask the federal judge to approve your immigration application.
Instead, you are asking the court to require the government to take action on your case.
Does Filing Mandamus Mean USCIS Will Approve My Case?
No.
A mandamus lawsuit does not guarantee that an immigration application will be approved.
Sometimes the next action is an approval. Sometimes USCIS schedules an interview or issues a Request for Evidence. Depending on the case, the government could also ultimately deny the application.
The purpose of mandamus is to address an unreasonable delay and get the case moving, not to guarantee a particular outcome.
How Long Do You Have to Wait Before Filing Mandamus?
There is no magic number of months that automatically makes someone eligible to file a mandamus lawsuit.
Whether a delay is unreasonable depends on the circumstances of the particular case.
Some of the factors an attorney may consider include:
- How long the application has been pending.
- The type of immigration application involved.
- Current processing times for similar cases.
- What has happened in the case so far.
- Whether there is a known reason for the delay.
- What efforts have already been made to obtain action from the government.
Being outside USCIS’s published processing time does not automatically mean that a mandamus lawsuit is appropriate, just as being within a published processing time does not necessarily answer whether a particular delay is reasonable.
The individual circumstances matter.
What Happens After a Mandamus Lawsuit Is Filed?
Filing a mandamus action means filing an actual lawsuit in federal court against the appropriate government officials or agencies.
The government then has an opportunity to respond.
In many cases, the filing of the lawsuit prompts the government to take another look at the underlying immigration case. What happens next depends entirely on the facts and procedural history of that particular application.
In the recent Adjustment of Status case discussed above, USCIS approved the green card approximately 60 days after we filed the lawsuit.
That was an excellent outcome for that client, but it should not be interpreted as a promise that filing mandamus will result in an approval, or that every case will be resolved within 60 days.
Is Mandamus Right for Your Immigration Case?
Mandamus is not appropriate for every delayed immigration case.
But if your case has been pending for an unusually long period of time, it may be worth having an immigration attorney evaluate whether continuing to wait is your only realistic option.
One of the biggest misconceptions in immigration is that once your application is filed, you simply have to wait for however long the government decides to take.
Sometimes waiting is appropriate.
Sometimes it’s time to take action.
Watch: Green Card in 60 Days – Mandamus Success Story
In this video, I explain what happened in a recent Adjustment of Status case, what a mandamus lawsuit actually does, and when applicants with significantly delayed immigration cases may want to explore this option.
https://www.youtube.com/shorts/SS48bAgbs_0
Has Your Immigration Case Been Delayed?
If your family-based immigration case has been pending far longer than expected and you would like to discuss whether a mandamus lawsuit or another strategy may be appropriate, you can schedule a consultation with our office.
Prior results do not guarantee a similar outcome. Every immigration case and federal lawsuit is different. This article is provided for general educational purposes and does not constitute legal advice.
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