Mandamus Lawyer: How Attorneys Help with Delayed USCIS Cases

Index

• Is Mandamus Right for You?
• So, What Is a Writ of Mandamus? (Definition and Meaning)
• What Can a Writ of Mandamus Achieve?
• What If My Case Is Below The “Average Processing Time”?
• What a Mandamus Lawyer Can Do for Your Case
• Mandamus Lawsuit Timeline (How long does it take for USCIS to respond to mandamus?)
• Writ of Mandamus Lawsuit: Will It Hurt Your Immigration Case?
• Talk to a Mandamus Lawyer Today
• Real Mandamus Victories
• Mandamus Attorney Office Locations

Forcing USCIS, consulates, and embassies to take action on your case is possible.

Is Mandamus Right for You?

In general, individuals who have been waiting a long time for a decision on their case in the United States first submit a service request to U.S. Citizenship and Immigration Services (USCIS), then submit ombudsman submissions, and finally request support from congressional offices. 

When these requests are answered, the response is usually that the file is "under administrative processing" or within the average processing time, so they cannot help move the file forward. 

These responses can discourage applicants during the waiting period, causing them to suffer financially and emotionally. This is because unresolved cases can profoundly affect a person's family life, career, and general life in the United States, especially if they are in need of family reunification. 

Going even further, those seeking consultation are also disappointed because they receive advice from inexperienced lawyers.

This is because the lawyer looks at inflated processing times, which often reflect USCIS's "published" processing times and responds that the case is not suitable for a mandamus lawsuit. 

However, an experienced mandamus lawyer can turn your immigration situation around for the better because this type of lawsuit, filed in federal court, is an extremely useful legal tool. 

Based on data and our experience over the past decade, we have observed that many applications and petitions that were delayed based on these published processing times were expedited by filing a mandamus lawsuit, prompting USCIS and DOS officials to take action. 
 

So, What Is a Writ of Mandamus? (Definition and Meaning)

A writ of mandamus is an extremely powerful legal remedy that can compel government agencies, such as USCIS, to make a decision on your case. You use this tool when an agency is not performing its duties as required by law and when no other legal remedy is available.

Important: A mandamus lawsuit differs from an appeal, which questions the accuracy of a court’s decision, while a mandamus compels an agency to act. It is only used to compel lower courts and agencies to take action without influencing the decisions they make.

What Can a Writ of Mandamus Achieve?

By filing a Mandamus order petition, you can force USCIS and other agencies to make a decision on your case within 60 to 180 days. 

For many clients, that means finally receiving their long-delayed approval, interview notice, or case update.

Our firm is one of the few law firms recognized as leaders in these cases and is known for its successful results. Therefore, with our expertise behind you, your chances of success in a Mandamus lawsuit are very high.

Our flawless legal arguments, derived from the experience gained by filing hundreds of mandamus cases, and our ability to prepare complete files have made us top notch in our ability to handle these cases. 

We deliver results by ensuring that the delays created by the agencies are resolved.

Thinking about taking action?

Take a few moments to fill out Mandamus Evaluation Form and let our mandamus lawyer review your delay case.

No cost, no obligation.

What If My Case Is Below The “Average Processing Time”?

In recent years, USCIS has increased the "average processing times" published on its website in order to reduce inquiries and lawsuits filed by applicants and their attorneys who are less familiar with the immigration law system. 

However, the federal court does not solely consider these processing times. The court also considers the following factors relating to the delayed case and asks the following questions:

1. Did Congress provide a timeframe for the agency to decide on the case? Has the 180-day target period been exceeded? (For more detail, see the relevant federal law.)
2. Is the applicant's health or welfare at risk?
3. Does USCIS have other, more pressing matters?
4. Is the applicant currently experiencing hardship due to this delay? For example, is the visa priority date passing, or is family reunification not occurring, resulting in family separation?

These criteria are called TRAC factors and often work in our clients' favor, even if USCIS tells you that your case is "within the average processing time." 

When preparing our petitions, we present these factors to the court in detail, highlighting our clients' specific hardships and extraordinary circumstances.

What a Mandamus Lawyer Can Do for Your Case

A mandamus lawyer can help you initiate legal proceedings if your immigration case is delayed for months, or even years, without a decision.

Through a writ of mandamus, your lawyer files a lawsuit in federal court and asks a judge to order the government, usually USCIS, the Department of State, or agencies such as the FBI or U.S. consulates, which can be named as defendants in this type of federal lawsuit, to take action on your delayed case.

Our experienced mandamus attorneys know how to prepare strong cases, file in the correct court, and compel USCIS to make a decision.

In most of our mandamus cases, we are able to get USCIS or the Department of State to make a decision within 60 to 180 days of the lawsuit being filed.

Mandamus Lawsuit Timeline (How long does it take for USCIS to respond to mandamus?)

• After the mandamus 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.

Tired of waiting?

Submit your Mandamus Case Form today and get a free assessment from our Mandamus attorneys.
We’ll review your situation and tell you if your case is ready for federal action.

Writ of Mandamus Lawsuit: Will It Hurt Your Immigration Case?

Many immigrants hesitate to file a writ of mandamus lawsuit because they worry it might harm their case. After all, suing the same government agency that is responsible for deciding your application, such as USCIS or the Department of State, can feel intimidating.

This concern is very understandable, especially for applicants from countries where suing the government could have serious consequences. 

However, in the United States, this process is completely lawful and protected by federal law.

In reality, filing a mandamus lawsuit will not negatively affect your immigration case. You are not attacking a government agency, asking for someone to be fired, or demanding money in damages. You are simply asking the court to order the agency to make a decision on your case within a reasonable time.

Immigration agencies handle hundreds of thousands of cases. Sometimes files are delayed, misplaced, or left waiting for years. A mandamus lawsuit brings your case back into focus by adding a level of oversight and now, a federal judge expects a response.

In most cases, this pressure encourages the agency to process your case more quickly and properly. Mandamus Attorneys like us, who frequently file these lawsuits, report that immigration officers do not take mandamus filings personally or retaliate against applicants.

In fact, filing a writ of mandamus can sometimes motivate USCIS to review your file more carefully and efficiently. It ensures accountability without influencing the ultimate decision on your application.

Talk to a Mandamus Lawyer Today

If you’ve been waiting months or even years with no progress, filing a Mandamus lawsuit may be the most effective way to move your immigration case forward and finally get the decision you deserve.

At Gozel Law Firm, we have successfully helped clients across the United States resolve long-pending immigration cases through federal Mandamus lawsuits, including:

• Delayed Green Card applications [Mandamus for Delayed Green Card Cases]

• Pending asylum cases [Mandamus for Asylum Interview Delays]

• EB5 investor petitions [Mandamus for EB-5 Visa Delays]

Our firm works with clients nationwide, offering virtual consultations and personalized strategies to help you take back control of your immigration journey.

Real Mandamus Victories

We’re proud of the hundreds of clients who have successfully resolved long-pending immigration cases through our federal Mandamus actions.

See what our clients say about their experience: Read our Google Reviews

We regularly share real case results, approval updates, and client success stories from across the United States. Follow Gozel Law Firm on Instagram

Mandamus Attorney Office Locations

If you’re searching for a mandamus attorney near me, you’re in the right place.

Our experienced legal team is ready to help if you need assistance with a delayed green card, asylum case, or EB-5 petition.

New Jersey Office
1066 Clifton Ave, Ste 201, Clifton, NJ 07013
(+1) 862-799-2200
info@gozellaw.com

Virginia Office
1934 Old Gallows Rd, Ste 350, Vienna, VA 22182
(+1) 571-581-5100
info@gozellaw.com