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

Index

• What Is the U Visa?
• Current U Visa Processing Times (2025 Update)
• Why Are U Visa Applications Delayed?
• Bona Fide Determination (BFD): Relief, but Not a Solution
• What Is a U Visa Mandamus Lawsuit?
• When Should You File a Mandamus Lawsuit?
• How Does the Process Work?
• Risks and Benefits of Filing a Mandamus Lawsuit
• From U Visa to Green Card
• Conclusion

For many applicants, the U Visa journey is far from straightforward. With processing times often stretching six to ten years, countless individuals remain stuck in uncertainty, unable to move forward with their lives, careers, or long-term plans.

When USCIS delays become unreasonable, U visa mandamus can be an effective legal action. By filing in federal court, applicants can compel the government to take action on long-pending U Visa cases and ensure that their applications are finally adjudicated.

What Is the U Visa?

The U Visa was created to protect non-citizens in the United States who have been victims of qualifying crimes such as domestic violence, trafficking, or assault, and who are willing to assist law enforcement in the investigation or prosecution of those crimes.

This humanitarian visa grants recipients temporary legal status for up to four years and the possibility of work authorization. After maintaining U Visa status for three years, applicants may become eligible to apply for a green card, creating a pathway to permanent residency and, eventually, U.S. citizenship.

Current U Visa Processing Times (2025 Update)

USCIS can only approve 10,000 U visas for principals each year, and it adjudicates petitions in the order they are received. 

In most cases, the process takes several years to complete Even applicants whose petitions are conditionally approved may spend years on the waiting list before a visa becomes available.

To provide interim relief, USCIS introduced the Bona Fide Determination (BFD) process. This process allows qualifying petitioners to receive temporary protection and a four-year Employment Authorization Document (EAD) while their case is pending. 

Note: Applicants should always check the official USCIS Processing Times tool for the most up-to-date estimates on Form I-918 (U Visa) processing.

Why Are U Visa Applications Delayed?

There are several factors that contribute to the long wait times U visa applicants face.

• Annual Cap: By law, U.S. Citizenship and Immigration Services (USCIS) may grant only 10,000 principal U visas per year. Once this quota is reached, eligible applicants are placed on a waiting list in the order that their petitions were received.

• Background and Security Checks: Every applicant must pass fingerprinting, biometric screening, and national security checks. If an applicant has lived in multiple countries or has complex records, this stage may take significantly longer.

• Administrative Processing: Some petitions require additional internal review, which can further extend the timeline.

• Requests for Evidence (RFEs): USCIS issues an RFE if it determines that supporting evidence is missing or unclear. Preparing and responding to RFEs can cause delays of several months.

• Derivative Family Members: Applicants who include spouses or children living abroad must undergo consular processing, which adds extra steps, such as interviews and admissibility reviews.

These factors, combined with the strict annual cap, explain why U Visa applicants often wait many years for final approval.

Bona Fide Determination (BFD): Relief, but Not a Solution

To ease the impact of long delays, U.S. Citizenship and Immigration Services (USCIS) introduced the Bona Fide Determination (BFD) process in 2021. Under this policy, if a U visa petition appears complete and meets the basic eligibility requirements, USCIS may grant the applicant:

• Deferred Action, which provides temporary protection from removal.

• A four-year Employment Authorization Document (EAD), renewable if the petition is still pending.

In short, BFD offers important temporary relief but does not resolve the underlying backlog, leaving many applicants waiting years for final adjudication.

What Is a U Visa Mandamus Lawsuit?

A mandamus lawsuit is a legal action filed in federal court to compel a government agency, such as U.S. Citizenship and Immigration Services (USCIS), to fulfill its obligations when it has unreasonably delayed action on an application.

In the context of U visa cases, a mandamus lawsuit does not guarantee USCIS will approve the application. Rather, it forces the agency to take action, whether by approving, denying, or otherwise adjudicating the pending petition.

For applicants stuck in backlogs that have lasted years, mandamus can be a powerful tool. Although USCIS must balance its limited resources and statutory caps, federal courts recognize that applicants are entitled to a decision within a reasonable timeframe. Mandamus litigation ensures that the government cannot ignore or delay indefinitely cases that profoundly affect people’s lives.

When Should You File a Mandamus Lawsuit?

A mandamus lawsuit should generally be considered only after all other remedies have been exhausted. Before turning to the courts, applicants may first:

• Submit an expedite request to USCIS.

• Make case inquiries through USCIS customer service.

• Seek assistance from a congressional office.

If these steps fail and the application has been pending for an unreasonably long period—often three years or more with no meaningful progress—a mandamus lawsuit becomes a realistic option.

This is especially appropriate when:

• The applicant has been placed on the waiting list and has seen no progress for years.

• RFEs and other communications have been resolved yet the case remains stagnant.

• The prolonged delay is causing hardship to the applicant or their family.

In these situations, filing a mandamus petition can push USCIS to finally act on the case.

How Does the Process Work? 

Filing a mandamus lawsuit for U visa delays involves several key stages.

1. Attorney Review: An experienced mandamus lawyer will evaluate your case and collect USCIS receipt notices, correspondence, and evidence of the delay. The attorney will ensure that the delay is legally "unreasonable" before proceeding.

2. Filing in Federal Court: The lawsuit is filed in a U.S. District Court against the relevant government agencies, which are usually the USCIS and the Department of Homeland Security (DHS).

3. Government Response (Within 60 Days): Once the case is filed, the government has 60 days to respond. In many instances, USCIS processes the pending petition during this period to avoid prolonged litigation.

4. Court Proceedings (If Necessary): If the government contests the lawsuit, the case will proceed before a federal judge. The court will then determine whether the delay is unreasonable and may order the agency to act. In practice, however, most cases are resolved before reaching this stage because agencies usually act once litigation begins.

Risks and Benefits of Filing a Mandamus Lawsuit

Before deciding to file, applicants should carefully consider the potential benefits and risks.

Benefits

• Forces the government to act. The primary advantage of a U visa mandamus lawsuit is that USCIS must take action on your long-pending case.

• Mandamus lawsuit success rate is high. In many cases, the government prefers to resolve the delay rather than engage in litigation, which often results in faster outcomes.

• Most cases see progress within 60 to 120 days of filing, instead of waiting for years.

Risks

• Legal Costs: To file a mandamus lawsuit, you will need an attorney's help, which means there will be legal fees. However, many law firms handle these cases with a flat fee instead of an hourly rate.

• There is no guaranteed approval: A mandamus lawsuit compels a decision, not approval. USCIS may still deny the application based on eligibility.

• Potential Government Opposition: In rare cases, the government may oppose the lawsuit, which could extend the length of the case. 

However, for applicants facing unreasonable delays, the benefits of filing often outweigh the risks, especially with guidance from an experienced mandamus lawyer.

From U Visa to Green Card

A major benefit of the U Visa is that it provides a path to permanent residency. After three years of continuous presence in U Visa status, applicants may be eligible to file Form I-485 to adjust their status and apply for a green card.

While this process can take an additional two years or more, it ultimately opens the door to lawful permanent residence and, eventually, U.S. citizenship.

By forcing USCIS to act on long-pending U Visa applications, U visa mandamus can help applicants reach this stage sooner and move one step closer to stability and permanent residency.

Conclusion

For thousands of applicants, the U visa offers safety, stability, and the opportunity to obtain permanent residency in the United States. However, USCIS delays of years can leave families in limbo, unable to move forward with their lives.

One of the most effective ways to address these delays is a U visa mandamus lawsuit. While it does not guarantee approval, it compels the government to act, helping long-pending cases move forward and giving applicants a real opportunity to pursue a green card and, eventually, U.S. citizenship.

If your U visa application has been pending for years with no progress, don't wait in silence.

Contact our experienced Mandamus lawyers today for a free case evaluation.

We have successfully helped countless clients resolve unreasonable delays, and we are ready to help you secure the timely resolution you deserve.