Mandamus Lawsuit FAQs: Everything You Need to Know

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Clarifying Mandamus Lawsuits: Gozel Law FAQs

Immigration applications can remain pending for prolonged periods, leaving applicants’ lives in limbo. At such times, filing a writ of mandamus in federal court may provide the push needed to move the process forward.

In this article, we have collected the most common questions our office receives about mandamus lawsuits, which compel government agencies to act. 

This will help you understand when mandamus can assist with your pending applications.

01. What is a mandamus lawsuit?

It is a lawsuit filed in a U.S. federal court to compel agencies, such as U.S. Citizenship and Immigration Services (USCIS) or the Department of State, to take action on delayed immigration applications. It is often used to address long waits for visas, green cards, naturalization, and asylum.

While the court orders the agency to make a decision on the case, it does not determine the outcome. This means that it cannot guarantee approval; it can only ensure that the application will be processed. Mandamus is usually pursued after other solutions have been exhausted, compelling the government to act so that your case can proceed in a timely and fair manner, safeguarding your rights and expediting the process.

02. What types of immigration applications can be expedited with a mandamus lawsuit?

A mandamus lawsuit can address delays in almost any type of immigration application. The most common examples include:

• Adjustment of Status (Green Card Applications): Especially marriage-based petitions that remain pending for over a year.
• Naturalization (Form N-400): Cases in which applicants wait an excessive amount of time after their interview.
• Consular Visa Applications: Cases where files are stuck in "administrative processing" for months after the consular interview.
• EB-5 Investor Visa: Investors who have contributed hundreds of thousands or even millions of dollars, yet have been waiting for years.
• Asylum (Form I-589): Applicants who have not received an interview date or have been waiting years for a decision.
• U Visa: Victims seeking protection who experience long delays in receiving their work permits.
• SIJS (Special Immigrant Juvenile Status): A pathway for children who have been abused, abandoned, or neglected by one or both parents.
• SIV (Special Immigrant Visa): A program for individuals, such as interpreters, who assisted the U.S. government abroad (e.g., in Iraq or Afghanistan).

03. When can I file a mandamus lawsuit?

Mandamus is usually considered when your immigration case has been delayed well beyond normal timelines. Some common benchmarks include:

• Naturalization (N-400): No decision has been issued within 120 days of your interview.
• Marriage-based green card: Still pending after 12+ months.
• Consular visa applications: Stuck in administrative processing for several months after the interview.
• Asylum: No interview has been scheduled after four years, and no decision has been made six months after your interview.
• EB-5 Investor Visa: Case stalled for multiple years despite significant investment.
• U Visa: Still no work permit approval after 51 months.

Important: These timeframes are examples based on published USCIS data. Every case is unique, and actual timelines may vary depending on the applicant’s situation

04. What steps should I take before filing a mandamus lawsuit?

Courts usually want to see that you have tried other remedies first. That’s why it is helpful to take the following steps before pursuing a mandamus lawsuit:

1) USCIS Case Inquiry: Submit a case status request through the official USCIS website.

2) Ombudsman Request: File a complaint or request assistance with the USCIS Ombudsman’s office.

3) Congressional Inquiry: Contact your local U.S. House Representative or Senator's office to request assistance with your case. This is an officially recognized "constituent service" that may encourage the agency to respond to your case.

While these steps often do not speed up your case by themselves, they strengthen your position in court. Being able to show that you tried all available administrative remedies makes your mandamus case stronger.

05. What legal requirements must be met in order to file a mandamus lawsuit?

A federal court will only grant a writ of mandamus if three conditions are met.

1) Clear Right to Relief: You have a clear legal right to a decision on your case.

2) Clear Duty to Act: The agency (USCIS or consulate) has a mandatory duty to act, not just discretion.

3) There is no other adequate remedy (The inquiries, Ombudsman, or congressional help have failed).

06. How do courts evaluate "unreasonable delay"?

The TRAC factor mandamus comes into play here. Originating from the Telecommunications Research & Action Center v. FCC case, it refers to a six-part test that federal courts use to determine whether a delay is reasonable or not.

• Is there a clear rule or deadline that establishes a timeline?
• Does the delay conflict with matters that are legally prioritized?
• Does the delay harm human health or welfare?
• Is the agency acting consistently with its own priorities?
• Does the delay cause significant hardship to the applicant?
• Would inaction upset the balance of government or public interests?

07. Will filing a mandamus lawsuit speed up my green card or asylum application?

Yes. A mandamus lawsuit compels the agency to take action on your case. While it does not guarantee approval, it ensures that the process moves forward much faster than if you were to simply wait.

08. My green card application has been pending for over a year. What can I do?

If your case has been delayed well beyond normal processing times, a mandamus lawsuit may be an option. For instance, delays exceeding 13-14 months in marriage-based green card cases can make mandamus an effective solution.

9. My I-130 petition is severely delayed. Can mandamus help?

Yes. If your I-130 petition has been pending far beyond the typical processing time, a mandamus lawsuit can compel U.S. Citizenship and Immigration Services (USCIS) to take action on your case.

10. My asylum case has been pending for years. Does Mandamus work?

Yes. At Gozel Law, we represented an asylum applicant who had been asylum pending for 7 years without receiving a decision. After we filed a mandamus lawsuit on their behalf, they quickly received an interview date. This example illustrates the power of mandamus in long-pending asylum cases. It forces the agency to act, though it does not guarantee approval.

11. Are there any risks in filing a mandamus lawsuit?

A mandamus lawsuit only compels the relevant agency to make a decision. It does not change the outcome. Neither USCIS nor the consulate is required to approve your case. The main risk is that if your application is weak, it may be denied more quickly. However, this does not automatically harm your immigration status.

• Asylum cases: Some courts have denied mandamus lawsuits in asylum matters.

• Consular visa delays: According to the Consular Nonreviewability Doctrine, consular decisions generally cannot be reviewed in court.

Overall, mandamus is an effective remedy for long-pending cases. However, since every case is different, it’s important to consult an experienced immigration attorney who can carefully assess the risks.

12. Why might a mandamus lawsuit be dismissed? 

A federal court may dismiss a mandamus lawsuit in several situations.

• There is no clear right to a decision. Your case has not yet reached a stage where the agency is required to act.
• Reasonable time has not passed. The application is still within normal processing times.
• The application is still within normal processing times.
• Administrative remedies have not been tried. You have not tried options such as a USCIS case inquiry, Ombudsman request, or congressional inquiry.
• The case has already been decided ("moot"): If USCIS makes a decision while the lawsuit is pending, the case becomes moot, meaning there is nothing left for the court to decide.

13. How long does a mandamus lawsuit take?

Once filed, agencies typically respond within 30-60 days. Often, USCIS or the consulate acts before the case reaches court by processing the file to avoid further litigation.

The exact timeline depends on the agency’s workload, the complexity of the case, and the court’s schedule. Based on Gozel Law’s experience, most cases proceed within a few months (1 to 2) of filing a mandamus lawsuit, though more complex matters may take longer.

14. Does a mandamus lawsuit guarantee approval?

No, a mandamus lawsuit only forces USCIS or the consulate to make a decision on your case. It does not guarantee approval. Approval or denial depends entirely on the merits of your application and the strength of your supporting evidence.

At Gozel Law, we have seen mandamus be highly effective in ending unfair delays. However, if your case is weak, a denial may come more quickly. That’s why each case should be carefully evaluated as part of a broader legal strategy. 

15. I already filed a mandamus lawsuit. Can I file another one?

Yes. You can file more than one mandamus lawsuit because each case addresses a different type of delay. For example:

• The first mandamus may be filed to secure an interview date.
• A second one may be filed later to address long delays in Green Card printing or delivery.

According to Gozel Law, this is a natural part of the process. If new unreasonable delays occur at different stages, filing another mandamus can help keep your case moving forward.

16. What is the difference between the APA and a mandamus lawsuit?

A mandamus lawsuit asks a federal court to compel an agency to make a decision on your case. By contrast, the Administrative Procedure Act (APA) allows lawsuits when an agency has engaged in "unreasonable delay" or acted in an "arbitrary or capricious" manner.

In immigration cases, many attorneys file both mandamus and APA claims. Though they are distinct, both serve a similar purpose: challenging government inaction or unfair delay and moving your case forward.

17. How much does a mandamus lawsuit cost?

There are two main costs: federal court filing fees and attorney fees. The exact amount depends on the case's complexity, the court’s location, and the amount of legal work required.

However, mandamus is often far more cost-effective for many applicants than years of uncertainty and waiting. Mandamus can also reduce indirect costs caused by delays, such as lost job opportunities, restricted travel, and stalled family planning.

Still have questions?

Every mandamus lawsuit is unique.

Fill out our free Mandamus Case Evaluation Form today to find out if your case is eligible.

► Further Reading

• Gozel Law: Speed Up Your U.S. Immigration Applications: Understanding Mandamus Lawsuits

• Gozel Law: U Visa Mandamus: How to Speed Up Your Delayed USCIS Case