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Checking your case status month after month and seeing the same message wears on anyone, especially when a job, a family reunion, or travel depends on the answer. When a green card, citizenship, asylum, or visa case has been pending far longer than it should, Onal Gallant’s mandamus lawyers can ask a federal judge to order the agency to make a decision.
We file mandamus lawsuits in U.S. district courts for clients across the United States.
A mandamus lawsuit asks a federal district court to order an agency to do something the law requires it to do. In immigration cases, that usually means deciding an application or petition that has been pending for an unreasonable time. The claim is brought under the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act (5 U.S.C. §§ 555(b) and 706(1)).
The court does not decide whether you qualify. It orders the agency to decide, and the decision can be an approval or a denial.
Read more: Writ of Mandamus: How to Sue the Government for Unreasonable Delays
A mandamus lawyer makes sure the lawsuit is worth filing and is filed correctly. The complaint has to go to the right court, be served on the right government offices, and answer the arguments the government raises in these cases.
Timing matters too. A lawsuit pushes the agency to decide, so problems in the application should be fixed before filing, not after.
Our mandamus lawyers can help with:
Find out whether your delay is ready for court.
We file mandamus lawsuits for applications and petitions stuck at USCIS, the National Visa Center, and U.S. consulates, including:
There is no single deadline. Most courts apply the six TRAC factors, named after a 1984 federal appeals court decision. In practice, courts ask:
The agency does not have to act in bad faith for a delay to be unreasonable. Cases that are well past USCIS’s posted processing times, with documented harm and inquiries that went unanswered, tend to be the strongest.
Read more: 10 Most Common Grounds for Mandamus Lawsuits
A lawsuit works best when the record shows you tried to resolve the delay first. Before filing, it helps to:
If you have already done some of these, keep copies. They become part of the case.
Most mandamus cases follow these four steps, and many end before a judge has to rule.
We compare your case with USCIS processing times, review what has been done so far, and check the file for weaknesses that a quick decision could expose.
We file the complaint in the right federal district court and serve the agency, the U.S. Attorney General, and the local U.S. Attorney’s Office.
The government has 60 days to respond. In that time, the U.S. Attorney’s Office often contacts the agency, and many cases are scheduled for an interview or decided.
Once the agency decides the case, the lawsuit is usually dismissed. If the agency still does not act, the parties may agree on a timeline, or the judge can order a decision by a set date.
A lawsuit makes the agency decide, and a weak file can be denied quickly. We look for gaps first and fix what can be fixed before the complaint goes out.
Our team includes a former federal prosecutor who represented USCIS and DHS in federal court. Most mandamus complaints meet the same defenses: the agency handles cases in order, the wait is not long enough, or a court order would only move you ahead of others in line. We build the complaint around those arguments from the start.
Courts in different districts weigh delays differently. We choose among the places the law allows, such as where you live, where your case is pending, or Washington, D.C., based on how each court has ruled.
If you meet USCIS’s expedite criteria, yes. An approved request can move the case without a lawsuit, and a denied one still shows the court that you tried.
The petitioner, the beneficiary, or both can usually be plaintiffs, depending on whose right to a decision is at stake. That choice also affects where the case can be filed.
Yes. Mandamus cases are filed in federal court, often where you live or in Washington, D.C., and we represent clients across the United States.
Answers to common questions about suing USCIS or the State Department over a delay.
There is no fixed waiting period. A case that is well past USCIS’s posted processing time for your form and office, with inquiries that went unanswered, is a stronger candidate than one that is only a few months late.
No. The court orders the agency to decide the case, not to approve it. If the application is strong, a decision is what you need. If it has problems, those should be fixed before you file.
No, you can file on your own. You would need to draft the complaint, serve the agency, the U.S. Attorney’s Office, and the Attorney General correctly, and respond to the government’s motions. Mistakes in venue or service can delay the case or get it dismissed.
Usually not. Most mandamus cases are handled through written filings, and many end without a hearing because the agency decides the case.
Sometimes. Courts are divided on whether a judge can order a consulate to finish processing after a 221(g) refusal. The answer depends on the court and the facts, so we review the consular record before recommending a lawsuit.
Not for the green card itself. If the Visa Bulletin shows no visa number available for your category and country, the agency cannot approve the green card, and a court will not order it to. A delayed I-130 or I-140 petition can still be challenged, because the petition does not depend on visa availability.
The mandamus claim usually ends, because the agency has acted. Depending on the denial, the next step may be a motion to reopen or reconsider, an administrative appeal, or an APA lawsuit challenging the decision.
Is your case past normal processing times?
Tell us which form you filed, when, and what has happened since.
Tell us which form you filed and when, and what USCIS has said since. We will tell you whether a lawsuit is worth filing now or whether another step should come first.
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Tell us about your case. A member of our team responds within one business day.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details.
