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

Index

• Why Visa and Consular Applications Often Get Delayed
• What Is a Mandamus Lawsuit and How It Helps in Visa Proccessing Delays
• When You Should Consider Filing a Mandamus for a Visa or 221(g) Delay
• How to File a Mandamus Lawsuit for Consular Delays
• What Happens After Filing a Mandamus for Consular Delays
• Work with a Mandamus Attorney, Take Action on Visa and Consular Delays

If you are facing a long wait for your visa application and don't know when you will receive a result, you are not alone. Visa delays have become a common frustration for many applicants, especially when cases are stuck under Section 221(g) "administrative processing" or when National Visa Center (NVC) documents take too long to reach the consulate. These delays can last for months or even years, disrupting personal plans and creating serious challenges for employers or sponsors.

In this guide, we explain the main reasons for consular and NVC-related visa delays, when a Writ of Mandamus lawsuit may be an option and how the process works. 

Finding out where your case is stuck is the first step toward taking action and moving it forward.

Why Visa and Consular Applications Often Get Delayed

Visa and consular processing can sometimes take much longer than expected, especially after an interview. Many applicants are forced to wait inexplicably long without any clear progress.

In most cases, this happens when a consular officer places the case under Section 221(g) for “administrative processing.” This means the officer needs more information or additional review before making a decision.

Delays can also result from background checks by agencies like the FBI or DHS, document verification between the National Visa Center (NVC) and consulates, or missing documents that require follow-up. When these issues overlap, applications can stay pending for an extended time, which may qualify as an "unreasonable delay" under the Administrative Procedure Act (APA).

What Is a Mandamus Lawsuit and How It Helps in Visa Proccessing Delays

A mandamus lawsuit is a federal court action that asks a judge to order a government agency, such as USCIS or a U.S. embassy, to take action on a case that has been delayed for too long.

In visa or consular delay cases, a mandamus can require the embassy or USCIS to act on your pending case and make a decision, whether it’s an approval or denial. A favorable writ of mandamus for consular delay pushes the government to act quickly, ensuring your application is processed fairly while protecting your rights throughout the process.

When You Should Consider Filing a Mandamus for a Visa or 221(g) Delay

If your visa has been under review for 6 months or longer after your interview with no update, it may be time to consider a mandamus lawsuit. Delays lasting more than a year are often seen as "unreasonable" under federal law.

These delays are common for both immigrant visas (CR-1, IR-1, EB categories) and nonimmigrant visas (H-1B, F-1, B-1/B-2). You may also consider mandamus if your case is stuck at the National Visa Center (NVC) and has not been transferred to the consulate for final review.

Filing a mandamus lawsuit for visa or consular delays follows a clear process under federal law. The goal is to ask the court to compel the government to act on your pending case when it has been unreasonably delayed.

If your visa has been pending for an unreasonable amount of time and it affects your entire life plan, fill out our Free Mandamus Case Eligibility Form for an initial review from our experienced mandamus attorneys. 

How to File a Mandamus Lawsuit for Consular Delays

Here’s how it works:

1. Review your case timeline and gather all relevant documents, including the 221(g) notice, DS-260 confirmation and any correspondence with the consulate or NVC.

2. Your mandamus attorney prepares and files the complaint in a federal court connected to your U.S. sponsor or residence.

3. The lawsuit is then served on USCIS, the Department of Homeland Security, and the Department of State.

4. The government typically has about 60 days to respond after being served.

Learn more in our full guide on How to File a Mandamus Lawsuit for Immigration Delays (2025).

What Happens After Filing a Mandamus for Consular Delays

Once the lawsuit is filed, the government usually responds within about 60 days. In most of our cases, the process moves much faster. The consulate often schedules the interview or issues a decision soon after the case is filed.

At Gozel Law Firm, almost 95% of our mandamus cases are successful and many are resolved in as little as 60 days, sometimes even sooner. If the agency still doesn’t act, the court can order it to make a decision within a set timeframe.

See how our clients achieved visa approvals after years of waiting through Mandamus lawsuits: Real Mandamus Lawsuit Success Stories

Work with a Mandamus Attorney, Take Action on Visa and Consular Delays

Filing a mandamus lawsuit without the right legal help can cause problems, especially if it’s filed in the wrong district or the wrong government officials are named. Working with an experienced mandamus lawyer makes a major difference.

At our firm, we have a proven record of success in mandamus lawsuits for visa and 221(g) delays. Our legal team understands how to file correctly, communicate with federal agencies and move your case toward approval.

If your visa has been pending for months or even years, don’t wait any longer. Fill out our Mandamus Case Evaluation Form for a free initial review. 

You can also leave a comment below to share your experience or ask questions about your visa or consular delay.

Our team reviews every message and helps applicants understand their next steps toward resolving these long-pending cases. Your question might even help others facing the same challenges.

Want to see real results?

Read our Google Reviews from clients who overcame long visa processing delay, 221g refusal or consular delay through Mandamus lawsuit.