Mandamus for Asylum Interview Delays: How to End the Wait and Move Forward

Index

• What Causes Asylum Interview Delays?
• When You Can File a Mandamus Lawsuit for Asylum Interview Delays
• What Happens After Filing a Mandamus for Delayed Asylum Cases
• Benefits of Working With an Experienced Mandamus Attorney
• Real Success Stories on Mandamus Asylum Cases
• Talk to a Mandamus Lawyer Today

Waiting years for your asylum interview can be one of the most stressful experiences for applicants and their families. Many find themselves stuck in a long cycle of uncertainty, unable to plan, travel or move forward with their lives.

If your asylum case has been pending far beyond normal processing times, a Mandamus lawsuit may be the legal relief you need to break the silence. This type of federal court action can compel USCIS to schedule your delayed interview or issue a long-awaited decision.

In this guide we’ll explain:

• when you can file a mandamus for asylum interview delay

• how long asylum interviews typically take

• and how a writ of mandamus can help move your case forward

What Causes Asylum Interview Delays?

Asylum interview delays have become one of the most common problems in the U.S. immigration system. The reasons are complex but largely due to limited resources, policy changes and the rise in pending cases.

Major Backlogs and Staff Shortages

The number of pending affirmative asylum applications in the U.S. has surpassed one million. According to the DHS-OIG report published in July 2024, USCIS had over one million unresolved claims by the end of FY 2023.

At the same time, the number of asylum officers and support staff has not grown at the same pace, which creates long interview queues and fewer available slots.

The "Last In, First Out" Scheduling Approach

U.S. Citizenship and Immigration Services (USCIS) gives priority to recent filings for interview scheduling under this approach, which means older applications may get pushed back.

Extensive Background and Security Checks

After the interview, many cases wait because of multi-agency reviews and security screenings. These reviews can drag on for months or years without any update to the applicant.

Administrative and Policy Factors

Changes in asylum policy, procedural reforms and COVID-19 impacts all contribute to delays. Some applicants were placed on hold during the pandemic, increasing the backlog.

When You Can File a Mandamus Lawsuit for Asylum Interview Delays

Under U.S. immigration law, every asylum applicant has the right to a timely decision. Unfortunately, many asylum offices face backlogs that leave applicants waiting for years without an interview date or a decision.

There are two main stages where a mandamus lawsuit can be filed to challenge these delays.

1. When No Asylum Interview Has Been Scheduled

If your Form I-589 asylum application has been pending for several years with no interview date scheduled, this may qualify as an unreasonable delay under the Administrative Procedure Act (APA).

Federal courts have ruled that waiting four to five years or more without an interview can justify mandamus relief.

A writ of mandamus in this situation asks the court to order USCIS to schedule your asylum interview, not to approve or deny your case, but simply to take action.

2. When the Interview Is Complete but No Decision Has Been Issued

Some applicants attend their interview and then wait months or even years without an update.

If more than four to six months have passed since your asylum interview with no decision, this delay is often considered unreasonable.

In these cases, filing a mandamus lawsuit can compel USCIS to complete the background checks and issue a decision.

Important: Courts recognize that long-term post-interview silence can violate the government’s duty to act within a reasonable time.

If you’re unsure whether your asylum delay qualifies as unreasonable, our experienced mandamus lawyer team can review your timeline and help you decide the best legal approach.

Fill out our Mandamus Case Evaluation Form for a free assessment.

How the Mandamus Asylum Process Works

Filing a mandamus lawsuit for an asylum interview delay follows a clear process under federal law. The goal is not to ask the court to approve your asylum case but to require USCIS to take action, whether that means scheduling your interview or issuing a decision after the interview.

Step 1: Review Your Case Timeline

Check how long your asylum case has been pending, and find out if the delay exceeds typical USCIS processing times. Keep records of the follow-ups, such as service requests, congressional inquiries, and Ombudsman submissions.

Step 2: Prepare the Complaint and Supporting Documents

Your mandamus attorney drafts the complaint explaining the delay and requests the court to order USCIS to act.

Include copies of your Form I-589 receipt, any correspondence with USCIS and evidence showing how the delay affects your life.

For example,

• struggling with financial uncertainty despite having work authorization,
• being unable to reunite with family,
• facing limited access to healthcare or education programs,
• and living under ongoing psychological stress caused by prolonged uncertainty.

Step 3: File the Case in Federal Court

The mandamus lawsuit is filed in a federal district court, usually in the state where you live or where your asylum office is located.

After filing, the court clerk issues official summonses that notify the defendants, which include USCIS, the Department of Homeland Security and the Attorney General.

Step 4: Serve the Government

Copies of the lawsuit must be delivered to the U.S. Attorney for your district, the Attorney General and the USCIS officials named in the complaint.

This step must follow Federal Rule of Civil Procedure 4 and proof of service must be filed with the court.

Step 5: Wait for the Government’s Response

The government usually has 60 days to respond. In many asylum mandamus cases, USCIS takes action before the court issues a decision by scheduling the interview or making a decision.

If no action is taken, the judge may order USCIS to process the case within a set timeframe.

For a complete overview of how the Mandamus process works, see our main guide: How to File a Mandamus Lawsuit for Immigration Delays

What Happens After Filing a Mandamus for Delayed Asylum Cases

• As explained in the previous step, in most cases an asylum interview or decision comes within about 60 days.
• If USCIS takes action and the delay is resolved, the case is typically dismissed as moot, meaning the lawsuit is no longer needed because the goal has been achieved.
• However, if the agency continues to delay or files a motion to dismiss, the court may set a strict deadline for USCIS to act or allow the case to proceed until a resolution is reached.

While the mandamus lawsuit timeline varies, many asylum applicants see progress in their immigration case within a few months (three to six months). Some see results in as little as one or two months when working with experienced mandamus attorneys like ours, finally gaining the chance to move forward with their lives in America.

If you’ve been waiting years for your asylum interview, fill out our Mandamus Case Evaluation Form to get a free initial review from our legal team.

Benefits of Working With an Experienced Mandamus Attorney

Filing a mandamus lawsuit requires knowledge of federal court procedures, strict filing rules and detailed case documentation.

An experienced mandamus attorney ensures your complaint is filed in the right court, includes strong evidence of delay and avoids procedural mistakes that could slow your case.

Working with a skilled lawyer also helps speed up communication with USCIS and often leads to faster results.

Real Success Stories on Mandamus Asylum Cases

At Gozel Law Firm, we have helped many asylum seekers finally receive long-awaited interviews and decisions through Mandamus lawsuits.

1. One of our clients from Azerbaijan had been waiting since December 2016 - Asylum pending for 9 years - without any progress on their asylum case. We filed their Mandamus lawsuit in June, the interview was scheduled in August, and by late September, they received full asylum approval. Today, they are moving forward with their green card and Refugee Travel Document applications.
2. Another client in San Francisco had been waiting four years for an asylum interview. After filing Mandamus, USCIS quickly scheduled the interview and soon approved the case.
    
3. In another case, our client applied for asylum through the Arlington Asylum Office in July. We filed the Mandamus lawsuit on July 21, and within just 50 days, the client received full asylum approval. They can now move forward with their green card application and begin the next chapter of their life in the United States.

Talk to a Mandamus Lawyer Today

If your asylum case has been pending for years without an interview or decision, it may be time to take legal action.

A Mandamus lawsuit can help you move your case forward and finally get the answers you deserve.

We have successfully filed many asylum mandamus lawsuits to help our clients secure their long-awaited interviews and approvals.

• You can read real aslyee stories and explore what our clients say about us on Google Reviews.
• To get started quickly, fill out our Mandamus Case Evaluation Form now for a free initial review.

Let our experienced mandamus lawyers help you end the waiting and move forward with your future in the United States.

You can take control of your immigration journey today, don’t let delays decide your future.