Loune-Djenia Askew, Esq
Feb 17, 2025
Many applicants worry that suing the U.S. Citizenship and Immigration Services (USCIS) might lead to retaliation. However, this is a common myth. Federal law protects individuals from government retaliation when they exercise their legal rights. In fact, filing a lawsuit can often speed up case processing because USCIS is required to justify its delays in court.
If your application has been stuck in administrative limbo, a writ of mandamus lawsuit can be a powerful tool to compel USCIS to act. This type of lawsuit does not guarantee a specific outcome, but it forces USCIS to make a decision rather than leaving your case in indefinite delay.
When Can You File a Mandamus Lawsuit Against USCIS?
A writ of mandamus is a federal court lawsuit that compels a government agency to perform a legally required duty. You might consider this legal action if:
Your waiting period has significantly exceeded USCIS’s posted processing times.
You have submitted multiple inquiries with no resolution or have received vague responses.
USCIS has approved an earlier stage of your application but has since failed to act.
What is “Reasonable” Processing Times?
The law does not define an exact timeframe for what constitutes an unreasonable delay, so courts evaluate cases individually. Factors such as case complexity, security checks, and processing backlogs may contribute to delays. However, a 20-month delay in routine cases is often considered excessive and could justify legal intervention.
USCIS’s published processing times do not determine whether a delay is reasonable. Even if USCIS states that a particular form takes 40-60 months to process, a judge may still find the delay unreasonable and order the agency to act.
What Happens After You File a Mandamus Lawsuit?
Once a mandamus lawsuit is filed, USCIS must respond. In many cases, this prompts USCIS to prioritize the case rather than engage in prolonged litigation. The government is required to respond within 60 days, and many applicants receive a decision within three to six months after filing the lawsuit.
Potential Outcomes
Case adjudication: USCIS makes a decision on your application.
Case transfer: If your case is stuck in the wrong office, it may be reassigned for faster processing.
Explanation for the delay: The lawsuit may compel USCIS to provide a reason for the delay, allowing you to take further action if necessary.
If you are facing unreasonable delays in your immigration process, a writ of mandamus lawsuit may be the best course of action. Consulting with an experienced attorney can help you with this legal process and move your case forward.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.