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Mandamus Lawyer: The Solution to Unreasonable USCIS Delays

mandamus lawyer

Index

If your immigration case has been pending for months with no meaningful update, you’ve probably already tried the usual channels. Many people reach a point where service requests, congressional inquiries, and generic "processing times" pages stop being useful. You keep hearing that your case is "normal," while your life stays on hold.

A mandamus case is one way to deal with long stretches of agency silence. Put simply, a writ of mandamus asks a federal court to require a government agency to take action on a long-delayed case. It does not ask the court to approve your case. The goal is to end the uncertainty and get a clear decision, whether the next step is an approval, a request for evidence, or a denial that can be addressed through the proper process.

This page explains how mandamus works for immigration delays involving USCIS, and in some situations, delays connected to consular processing. You will also find an overview of timing, cost, common concerns about risk, and the next step if you want a case review.

Mandamus Lawyer Near Me: Do You Take Cases Nationwide?

In most cases, where you live doesn’t prevent you from hiring a mandamus attorney. Because the case is filed in federal court, representation can often be handled across the U.S., depending on the facts of your case and the correct federal court for filing.

We maintain offices in New Jersey and Vienna, Virginia. We also work with clients nationwide, including people waiting on USCIS decisions and, in some situations, people stuck in consular delay.

Offices

  • New Jersey: 1066 Clifton Ave, Ste 201, Clifton, NJ 07013, (+1) 862-799-2200

  • Virginia: 1934 Old Gallows Rd, Ste 350, Vienna, VA 22182, (+1) 571-581-5100

Writ of Mandamus Definition: What It Can and Cannot Do

A writ of mandamus is a lawsuit filed in federal court that asks a judge to order a government agency to take action on a long-delayed matter. In immigration, that usually means requiring USCIS or another agency involved in the process to move your case forward and issue a decision.

What a mandamus case can do:

  • Force action on a case that has been stuck with no meaningful progress.

What a mandamus case cannot do:

  • Guarantee approval. It pushes the agency to decide, not to decide in your favor.

Mandamus vs. appeal: An appeal challenges a negative decision. Mandamus challenges inaction and delay.

Mandamus Lawsuit Help: When a Mandamus Lawyer Is the Right Move

Mandamus is usually a later step. Most people look at it after normal inquiries go nowhere and the delay starts to look unreasonable for their situation.

A mandamus lawsuit is usually considered when you have one or more of the following:

  • Your case has been pending for a long time with no meaningful update.

  • You have made reasonable attempts to get movement through normal channels and nothing changes.

  • The delay is causing concrete harm, like loss of employment, inability to travel, financial instability, or prolonged family separation.

  • Your case is past what would reasonably be expected given the type of filing and your specific history.

Before you consider a mandamus lawsuit

These questions help frame whether a mandamus review makes sense:

  1. Have you gone months without a real update?

  2. Are you getting the same "normal processing" response every time?

  3. Can you point to a concrete hardship (work, travel, family separation)?

  4. Are you prepared for the agency to decide either way?

If you want the step-by-step mechanics of how a mandamus case is prepared and filed, see our detailed guide: How to File a Mandamus Lawsuit for Immigration Delays.

Mandamus Lawsuit for Family-Based Immigration Delay

Family-based cases can become stuck at multiple points. The legal strategy depends on where the delay is happening and which agency has the file.

We see mandamus questions most often in situations like these:

  • A long-pending marriage-based I-485 with no meaningful update.

  • A case delayed after an interview with no decision.

  • A related work permit or travel document delay that is creating real-life harm for the family.

If your situation is specifically marriage-based, start here: Mandamus Lawyer for Marriage-Based Green Card Delay (2026). That page goes deeper on delays involving adjustment of status, interview timing, and common patterns in long-pending cases.

If your delay is tied to consular processing or the NVC, see: Mandamus Lawsuits for Consular Delays (221g, NVC, Visa).

Why Posted Processing Times Don’t End the Mandamus Discussion

Many applicants hesitate because their case appears to be "within posted processing times." The problem is that posted averages do not always reflect what is reasonable for an individual case. They also do not explain what is happening inside your file.

Federal courts look at the facts of the delay and apply legal standards that go beyond what appears on a public status page. In many mandamus cases, the analysis is framed using the TRAC factors, which courts often use to evaluate whether a delay is unreasonable.

Common TRAC themes include:

  • Reasonableness of the timeline: Whether the delay has exceeded a reasonable time for the type of case.

  • Congressional expectations: In some contexts, Congress has set timeline expectations (including a 180-day goal in certain processes), and courts may consider whether the agency’s pace fits those expectations in the case.

  • Human impact: Health, welfare, financial loss, and family separation.

  • Competing priorities: Whether forcing action would unfairly disrupt higher-priority agency work.

  • Conduct and explanations: Whether the agency has provided a meaningful reason for the delay.

Not every delay is a strong mandamus case. But if the only reason you’re hesitating is that your case still shows as "within posted processing times," that usually isn’t the end of the analysis. Posted timelines are broad averages, and they don’t answer the key question a court will focus on: whether the delay is reasonable for your specific case, given the facts and the harm the delay is causing.

Mandamus Lawsuit Timeline: What Happens After Filing?

Every case is different, but most mandamus matters follow a predictable sequence once the complaint is filed and served.

Timeline at a glance

  • Case review and strategy

We identify where the case is stuck, which agency has the file, and what facts matter most.

  • Complaint drafted and filed

A federal complaint is prepared and filed in the appropriate district court.

  • Service on the government

The defendants must be formally served.

  • Government response window

After service is complete, the government’s initial response is typically due within 60 days, though extensions can occur.

  • Resolution path

Based on our experience, many cases resolve in roughly 2 to 4 months, but timelines vary depending on the agency, the court, and where your application is in the process.

  • Decision issued

The outcome is a decision or a clear next step. Mandamus aims to end prolonged silence.

How long does it take?

Some cases move quickly after filing. Others take longer depending on the agency, court, and the specific issues in the file. Any lawyer promising a fixed outcome or a fixed timeline without reviewing the facts is oversimplifying the process.

Mandamus Lawyer Cost & Fees

Cost depends on what is delayed, which agencies are involved, and how complicated the procedural posture is. Many firms handle mandamus cases on a flat-fee basis so the scope is clear from the start.

A clear fee conversation usually covers:

  • Attorney fees and what is included.

  • Court filing fees and service costs.

  • What happens if the case requires additional motion practice.

Fees vary by case type and posture, but the goal is to make the pricing clear before anything is filed. For many people, the bigger cost is the delay itself, especially when work or travel is at stake.

If you want a quote, the most efficient approach is a short case intake so the facts are clear before numbers are discussed.

Fill out our form below for a specific quote based on your case type.

Mandamus Lawsuit Eligibility Form (Free)

Will Suing USCIS Hurt My Case?

This is one of the most common concerns.

A mandamus case doesn’t change the legal standard for your application. It pushes the agency to address a file that has been sitting without action. In many situations, that means the file receives attention and a decision is issued.

The more useful question is usually this:

  • "Is my case otherwise approvable if the agency finally reviews it properly?"

Any mandamus review should include a candid assessment of the underlying application, because forcing action only helps if the file is ready for scrutiny.

For practical, scenario-based answers, see Mandamus Lawsuit FAQs: Everything You Need to Know

Types of Immigration Delays We Handle

Mandamus is used across many delay types, but strategy depends on the form and the agency.

Common categories include:

If you prefer to see outcomes and timelines, visit: Real Mandamus Lawsuit Success Stories.

Real Mandamus Results: A Case Timeline Example

Mandamus is about forcing a decision, not guaranteeing approval. That distinction matters in long-pending cases. Here is an example of what “forcing action” can look like when multiple filings stall over time. This is a real-world timeline format, simplified for readability.

Timeline

  • Dec 2023: First mandamus filed after an asylum case remained pending for multiple years.

  • Apr 23, 2024: Asylum approved.

  • May 20, 2024: Client files I-485 (green card) and I-131 (travel document).

  • Oct 6, 2025: Second mandamus filed after the I-485 and I-131 remain pending for an extended period with no meaningful movement.

  • Oct 29, 2025: I-131 approved.

  • Nov 10, 2025: I-485 approved.

This timeline doesn’t mean every case will look like this. It shows what sometimes happens when a long-stalled file is forced back onto the agency’s desk.

Talk to a Mandamus Attorney Today

If you want a review, we usually start with the basics: what was filed, when it was filed, where it seems stuck, and what harm the delay is causing.

You can also see client experiences here: Read our Google Reviews

Gozel Law Firm Serving clients nationwide.
New Jersey Office: 1066 Clifton Ave, Ste 201, Clifton, NJ 07013 | (+1) 862-799-2200
Virginia Office: 1934 Old Gallows Rd, Ste 350, Vienna, VA 22182 | (+1) 571-581-5100
Email: info@gozellaw.com

 

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