How to File a Mandamus Lawsuit for Immigration Delays (2026)

Index

• What Is a Mandamus Lawsuit? (Meaning)
• Step-by-Step Process to File a Mandamus Lawsuit (2026 Update)
• How Long Does a Mandamus Lawsuit Take?
• How Much Does a Mandamus Lawsuit Cost?
• When Can You File a Mandamus Lawsuit Against USCIS or NVC?
• Common Mistakes When Filing a Mandamus Lawsuit
• Do You Need an Attorney to File a Mandamus Lawsuit?
• Hire an Experienced Mandamus Lawyer to End Your Wait

A mandamus lawsuit is a federal legal action that compels USCIS or the Department of State to issue a decision on an immigration case that has been unreasonably delayed. In 2026, filing a Writ of Mandamus remains the most effective tool to bypass bureaucratic backlogs and force a response within 60 days.

This 2026 Guide explains the step-by-step process of filing a lawsuit, current federal court costs, and how to hold government agencies accountable for your Green Card, Asylum, or Visa delay.

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

If you are looking for a mandamus lawyer, start here: Mandamus Lawyer: The Solution to Unreasonable USCIS Delays.

Quick cost overview: Mandamus cases usually involve (1) court and service costs and (2) attorney fees. Total cost depends on the type of delay, the agencies involved, and whether the government fights the case in court. See the cost section below for details.
 

What Is a Mandamus Lawsuit? (Meaning)

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 push a delayed case toward a decision instead of leaving it stuck in the backlog.

Can You Sue USCIS for Taking Too Long?

In some cases, yes. A mandamus lawsuit is one of the main federal options used to challenge an unreasonable delay and force the government to take action on a pending immigration matter. The goal is not to force approval, but to force a decision so the case can move forward.

For common questions about risk, outcomes, and next steps, see: Mandamus Lawsuit FAQs: Everything You Need to Know.

Step-by-Step Process to File a Mandamus Lawsuit (2026 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,

• 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.

What Is Included in a Mandamus Complaint?

A mandamus complaint usually lays out the filing history (receipts, dates, and key events), explains what has (and has not) happened so far, and identifies the legal basis for asking the court to require agency action. It also lists the government defendants and requests relief that focuses on a decision within a reasonable time, not a guaranteed approval.

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.

Where Do You File (Which Federal Court)?

Mandamus cases are filed in U.S. federal district court. The correct venue depends on the facts of the case, including where the applicant lives, where key events occurred, and which office or agency component is responsible for the delay. Choosing the proper district matters because venue and jurisdiction problems can delay the case or lead to transfer.

If your delay is tied to consular processing (221(g), NVC, or visa issuance), the strategy can differ. See: Mandamus Lawsuits for Consular Delays (221g, NVC, Visa).

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).

If service is not done correctly under Federal Rule of Civil Procedure 4(i), the case can stall even if the complaint itself is strong.

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.

If you want examples of outcomes and timelines, see: Real Mandamus Lawsuit Success Stories.

What Does “Success” Usually Mean in a Mandamus Case?

In practice, “success” often means the agency takes action and the case moves out of limbo, such as an interview being scheduled, a decision being issued, or a concrete next step being taken.

A mandamus lawsuit is designed to force action, not to guarantee approval. When the agency takes action, many cases are dismissed as “moot” because the court no longer needs to order relief.

How Long Does a Mandamus Lawsuit Take?

After the complaint is filed and the government is formally served, USCIS or the Department of State typically responds within 60 days.

Most immigration delay cases follow a similar pattern:

• The agency may act 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 to 2 months, especially when USCIS takes immediate action after 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, the process leads to movement in months rather than years and ends long periods of government inaction.

How Much Does a Mandamus Lawsuit Cost?

Most mandamus costs fall into two buckets: (1) court and service costs and (2) attorney fees. Court costs typically include the federal filing fee and service-of-process expenses. Attorney fees vary based on the type of delay, the agencies involved (USCIS vs. consular/NVC), and whether the government fights the case in court.

In most cases:

• The federal filing fee is around $400-$500.
• Attorney fees often 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 other case-related costs.
• While filing a mandamus lawsuit involves a financial commitment, it can sometimes 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 a decision and moving forward with their immigration process.

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.

In 2026, we are seeing courts increasingly favor applicants who show significant life impact (job offers, travel needs) caused by the delay.

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.

For a detailed comparison of mandamus vs. 1447(b), see: Mandamus vs. 1447(b): Your Complete Guide to Ending USCIS N-400 Naturalization Delays.

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.

If your delay is marriage-based (I-485) and you want a focused guide, see: Mandamus Lawyer for Marriage-Based Green Card Delay (2026).

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.

See: Mandamus Lawsuits for Consular Delays (221g, NVC, Visa)

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.

See: Mandamus for EB5 Delays: How to Speed Up Your Case and Get Results

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.

See: U Visa Mandamus: How to Speed Up Your Delayed USCIS Case

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?

You can file a mandamus case on your own, but most people work with an experienced immigration attorney. Mandamus lawsuits follow strict federal court rules, and small mistakes can cause delays or dismissal. A Mandamus Lawyer can draft a clean complaint, include the right evidence, file in the correct court, and handle communication with the government to push the case forward faster.

If you are comparing options and risks, see: Mandamus Lawsuit FAQs: Everything You Need to Know.

Hire an Experienced Mandamus Lawyer to End Your Wait

If your immigration case has been pending far beyond normal timelines, our team at Gozel Law Firm can review your situation and confirm whether a mandamus lawsuit is right for you. Fill out the Mandamus Case Evaluation Form for a free initial consultation.

Have additional questions? Fill out the contact form below, and we’ll get back to you as soon as possible.