How to File a Mandamus Lawsuit for Immigration Delays (2025)

Index

• What Is a Mandamus Lawsuit?
• When Can You File a Mandamus Lawsuit Against USCIS or NVC?
• Step-by-Step Process to File a Mandamus Lawsuit (2025 Update)
• How Long Does a Mandamus Lawsuit Take?
• Common Mistakes When Filing a Mandamus Lawsuit
• Do You Need an Attorney to File a Mandamus Lawsuit?
• How Much Does a Mandamus Lawsuit Cost?
• Talk to a Mandamus Attorney Today

Waiting months or even years for USCIS to act on your immigration case can be incredibly frustrating. Many applicants feel trapped in an endless loop of silence, with no clear timeline or updates. If your case has been pending far beyond normal processing times, you may have a powerful legal option: a Mandamus lawsuit.

In this 2025 guide, we’ll explain how to file a Mandamus lawsuit for immigration delays, when it’s appropriate, how long it takes, and what results you can expect. Whether your case involves a Green Card, asylum, or employment-based visa, this article will help you understand your next legal steps and know when it’s time to take action.

If your immigration case has been pending too long, you may be eligible to file a Mandamus lawsuit. Check your eligibility here →

What Is a Mandamus Lawsuit?

A Mandamus lawsuit, also known as a Writ of Mandamus, is a federal legal action that asks a court to order a U.S. government agency such as USCIS or the Department of State to take action when it has unreasonably delayed or failed to act on an immigration case.

In immigration law, this remedy is used when applicants have waited far beyond normal processing times with no decision or update on their case. A Mandamus does not ask the court to approve or deny your application. Instead, it compels the government to perform its duty, whether that means issuing a decision, scheduling an interview, or completing a review.

By filing a Writ of Mandamus, immigrants can hold the government accountable and ensure that their cases move forward rather than remain stuck in administrative backlogs.

When Can You File a Mandamus Lawsuit Against USCIS or NVC?

Federal law allows you to take action when your immigration case has been stuck far beyond normal processing times. The right option depends on what stage your case is in and the type of delay you are facing.

1. Naturalization (Citizenship) Delays

There are two different legal paths for citizenship delays:

• If your naturalization interview has not yet been scheduled and your application has been pending for an unreasonably long time, you may instead file a Writ of Mandamus. This action asks the court to compel USCIS to schedule your interview or issue a decision.
• If you have already completed your naturalization interview and 120 days have passed without a decision, you can file a Section 1447(b) lawsuit. This transfers your case to a federal judge, who can either decide it directly or order USCIS to act.

2. Family-Based and Green Card Delays

Marriage-based and family-based adjustment cases often move quickly, but if your case has been pending for about 12 months or longer, a Mandamus lawsuit may be appropriate. Some applicants file after eight months, but waiting a full year usually provides a stronger position.

3. Consular and 221(g) Administrative Processing

Applicants stuck in administrative processing after a visa interview can usually consider a Mandamus after 6 to 12 months.

Delays caused by background checks or consular review may qualify as “unreasonable.” Courts outside Washington DC generally provide better outcomes, so filing in a district connected to your U.S. sponsor or residence is often strategic.

4. Asylum Case Delays

For affirmative asylum cases pending at the USCIS Asylum Office, most applicants can file after 4 to 5 years of inactivity.

If you have already completed your asylum interview but have been waiting 2 to 3 months or longer for a decision, a Mandamus can also be used to prompt USCIS to act.

5. EB-5 Investor Visa Delays

If you invested and filed an EB-5 application (I-526, I-485, or I-829) that has been pending more than 12 months, you can file a Mandamus lawsuit to require USCIS to process it. This is increasingly common for post-2022 filings.

6. U Visa and VAWA Applications

For U visas, if you have not received your Bonafide Determination within about 6 months, you may seek judicial relief.

For VAWA (I-360) cases, applicants waiting 18 to 24 months can often file to push USCIS to act on both the petition and any related adjustment of status.

Step-by-Step Process to File a Mandamus Lawsuit (2025 Update)

Step 1: Confirm Eligibility

Begin by reviewing your filing dates and determining how much longer you have waited beyond the normal processing time. Check your case status on the USCIS or NVC website, and gather proof of any follow-up attempts, such as service requests, congressional assistance, or ombudsman submissions (official inquiries made through government channels).

Before filing, make sure that there is no simpler way to resolve the issue and that the delay is "unreasonable," meaning it is longer than what is typical for your case type.

Step 2: Gather Documentation

You or your attorney will need to prepare the main complaint (the written document that starts the lawsuit) and a civil cover sheet (a basic case summary for the court).

Include all relevant evidence, such as:

• USCIS or NVC receipt notices and interview letters,

• Any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) correspondence,

• Also include a short timeline explaining the delay and its impact on your life or plans.

• Your attorney will also prepare summonses (formal notifications) for each government official who must be informed about the lawsuit.

Step 3: File in Federal District Court

The complaint is filed in a Federal District Court, usually in the state where you live or where your immigration application is being processed.

You must pay the filing fee, and the court clerk will issue your summonses. If the delay is causing serious harm, such as, job loss or family separation, your attorney can ask the court to expedite (speed up) the process by filing a short declaration explaining the urgency.

Step 4: Serve the Government

After filing, the lawsuit must be formally delivered to the government ("service of process").

This includes sending copies to:

• The U.S. Attorney for your district,

• The Attorney General of the United States, and

• The relevant agencies and officials, such as the USCIS Director and the Secretary of Homeland Security (DHS).

Important: All steps must meet the requirements of Federal Rule of Civil Procedure 4, which defines the proper procedure for serving lawsuits. Keep written proof of each delivery; this is called proof of service.

Step 5: Government Response and Case Outcomes

After proper service, the government generally has about 60 days to respond.

There are a few possible results:

• The government may file a motion to dismiss, which is a request to close the case before it proceeds.

• It may file an answer, which is a formal written response.

• Or, it may provide a status report promising to process the pending case.

In many mandamus lawsuits, U.S. Citizenship and Immigration Services (USCIS) takes action soon after the case is filed, often by scheduling an interview, issuing a decision, or updating the applicant’s status.

Once the agency acts, the case is often dismissed as "moot" (meaning the issue is resolved and the lawsuit is no longer necessary).

In some situations, the court may issue an order setting deadlines and requiring USCIS to finish the case within a specific timeframe.

If the agency disputes the claim, the case continues in court until a resolution is reached.

How Long Does a Mandamus Lawsuit Take?

Although there is no fixed timeline for a mandamus lawsuit, most immigration delay cases follow a similar pattern:

• After the complaint is filed and the government is formally served, USCIS or the Department of State typically responds within 60 days. Often, the agency acts before the court issues a ruling by scheduling an interview, reaching a decision, or processing the case.
• On average, Mandamus lawsuits are resolved within 3 to 6 months of filing.
• Some applicants see results in as little as 1-2 months, especially when USCIS takes immediate action upon receiving the lawsuit.
• If the government contests the case or files a motion to dismiss, the process can take 6 to 12 months or longer, depending on the court’s workload and the complexity of the immigration issue.

Timelines can vary depending on which court hears the case, how complex the application is, and how the government chooses to respond.

While each situation is unique, the main point is that Mandamus lawsuits are intended to prompt action rather than drag on for years.

For most applicants, this process brings results in a matter of months rather than years and helps overcome long periods of government inaction.

Common Mistakes When Filing a Mandamus Lawsuit

Mandamus lawsuits can be effective tools for resolving USCIS delay issues, but many applicants weaken their cases by making avoidable mistakes. Understanding these common mistakes in a mandamus lawsuit helps you prepare a stronger and more effective filing:

1. Filing Too Early

A frequent mistake is filing a mandamus lawsuit too early before the delay becomes “unreasonable.”

Federal courts expect applicants to first try normal remedies such as contacting USCIS, submitting service requests or seeking help from the Ombudsman or a congressional office.

Filing too soon may lead to dismissal if the court finds that the agency still has a reasonable amount of time to act.

2. Submitting Insufficient Documentation

To win a mandamus lawsuit, you must show that your case has been pending well beyond normal timelines.

Applicants often fail to include supporting evidence such as USCIS receipt notices, responses to inquiries, or correspondence demonstrating follow-up attempts.

Without a clear record of the delay and the history of communication, the court has limited proof to justify intervention.

3. Choosing the Wrong Court (Venue)

Where you file the mandamus lawsuit is important. It should be filed in a federal district court with a proper connection to you or the immigration office handling your application.

Filing in the wrong district may delay your case, result in its dismissal, or cause it to be transferred.

An experienced immigration attorney who specializes in mandamus can determine the correct venue and ensure proper jurisdiction.

4. Misunderstanding What Mandamus Can and Cannot Do

A mandamus lawsuit can require the government to make a decision but it cannot guarantee approval. Some applicants mistakenly believe that filing mandamus will automatically lead to a positive result.

In reality, the court can only compel USCIS to act and cannot control how the agency decides the case.

5. Ignoring Legal Requirements and Deadlines

Federal courts follow strict procedural rules. If you miss filing deadlines, fail to serve the defendants correctly or name the wrong officials, your case can be delayed or dismissed.

Professional legal guidance is essential when preparing a mandamus complaint to avoid these USCIS delay lawsuit mistakes.

Do You Need an Attorney to File a Mandamus Lawsuit?

Technically, you can file a Mandamus lawsuit on your own, but working with an experienced immigration attorney is strongly recommended.

Mandamus cases involve federal court procedures, strict filing rules, and specific jurisdiction requirements that are difficult to navigate without legal training.

An experienced Mandamus attorney knows how to prepare a proper complaint, include the right evidence of delay, and file it in the correct court.

A skilled lawyer can also communicate with the government before or during the case to help resolve the delay faster and minimize risks.

Having qualified legal representation greatly increases your chances of a smoother and faster outcome.

Ready to take the next step?

If your immigration case has been pending far beyond normal timelines, our team at Gozel Law Firm can review your situation and determine whether a Mandamus lawsuit is right for you.

Fill out our quick Mandamus Case Evaluation Form for a free initial consultation.

How Much Does a Mandamus Lawsuit Cost?

The cost of filing a Mandamus lawsuit depends on your case type, the federal court where it is filed, and your attorney’s experience.
In most cases:

• The federal filing fee is around $400-$500,
• And attorney fees typically range between $3,000 and $10,000, depending on the complexity and urgency of the case.
• Additional expenses may include service of process fees, document preparation, or court-related costs.

While filing a Mandamus lawsuit involves a financial commitment, it can often save months or even years of waiting for a decision from the relevant immigration agencies.

Most applicants find that the cost is outweighed by the benefit of finally getting their case resolved and moving forward with their immigration process.

Talk to a Mandamus Attorney Today

If your immigration case has been delayed for months or even years, it may be time to take action. An experienced Mandamus attorney can help you understand how to file a Mandamus lawsuit and whether this legal action is the right strategy for your situation.

At Gozel Law Firm, we have successfully helped hundreds of clients resolve long-pending immigration cases through Mandamus lawsuits.

Many of these cases were approved shortly after filing. You can see real success stories on our Instagram page.

To get started, fill out our quick Mandamus Case Evaluation Form, so our legal team can review your situation and contact you for a consultation.

We also invite you to read what our clients say about working with us on our Google Reviews page.

Take the first step today, let us help you move your immigration case forward with confidence.