Writ of Mandamus
End the Silence. Force a Decision on Your Delayed Case.
Government delays shouldn't hold your life in uncertainty. We file Federal Mandamus lawsuits to compel USCIS, Department of State, and Consular Offices to act on delayed Green Cards, Visas, and Citizenship applications. Whether you are in the U.S. or abroad, we hold the government accountable!
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- Global Reach: Serving clients in all 50 states and at U.S. Embassies worldwide.
- Federal Focus: Expert litigation in U.S. District Courts to end "Administrative Processing" by experienced Mandamus lawyers.
- Rapid Action: Most lawsuits force a government response within 60 days.
- Specialized Expertise: A decade of focus on Mandamus and immigration delays.
Federal Mandamus Litigation: Specialized Areas of Expertise
Our experienced Mandamus Lawyers handle a wide range of immigration delays using federal court action. Below are the specific categories where our firm has a proven track record of forcing government decisions.
N-400 Naturalization (Section 1447(b) Actions)
If you have already attended your citizenship interview but haven't received a decision within 120 days, we file a specific federal action under 8 U.S.C. § 1447(b). This allows a federal judge to take jurisdiction over your case and either decide it or compel USCIS to issue a final result immediately.
Marriage-Based Green Cards (I-485 & I-130)
While USCIS "Processing Times" pages often show inflated figures (17-20+ months) to discourage inquiries, we recommend taking action after 12 months of waiting. We have successfully secured approvals and scheduled interviews for marriage-based cases, often without the need for a second interview, by forcing the file to the top of the officer's desk.
I-130 Family Petitions
Don't let the government keep your family separated for years. If your I-130 petition for a spouse, child, or parent has exceeded a reasonable timeframe, we hold USCIS accountable to their duty to adjudicate family-based petitions promptly.
221(g) Consular Administrative Processing
Stuck in "Administrative Processing" after a visa interview at a U.S. Embassy? While a 12-month delay is a strong threshold, we can act after 6 months if there are urgent factors like health issues or significant financial loss. We specialize in "venue selection," which involves identifying a connection to a state outside Washington, D.C., to avoid courts that are traditionally less favorable to mandamus actions.
Asylum Delays (USCIS Affirmative Asylum)
If your asylum application has been pending at a USCIS Asylum Office for 4 to 5 years (depending on the jurisdiction), you have waited long enough. We also help clients who have already had their asylum interview but have been waiting for 2-3 months without a decision. We clear the path through FBI background checks and agency backlogs.
EB-5 Investor Visa Delays (I-526, I-485, I-829)
Whether you have invested $800,000 or $1 Million, your capital and residency shouldn't be held in uncertainty. For cases filed after 2022, a 1-year wait is often sufficient to file a Mandamus lawsuit. We cover all stages: the initial I-526 petition, the I-485 adjustment of status, and the I-829 petition to remove conditions.
Employment-Based Green Card Delays (EB-1, EB-2, EB-3)
Your career and future in the U.S. should not be compromised by USCIS bureaucracy. If your I-485 application under EB-1, EB-2, or EB-3 categories has exceeded a reasonable timeframe, we file Mandamus lawsuits to end the delay. We eliminate uncertainty for both you and your employer, securing your path to permanent residency.
H-1B, L-1, and Employment-Based Visas
If your employer-sponsored visa is stuck at a consulate or USCIS office, it threatens your career. By establishing a connection to your employer’s principal place of business (such as New Jersey or Texas), we can bypass the backlogs in Washington D.C. and secure your right to work in the U.S. much faster than standard processing.
I-765 Work Authorization (EAD) Delays
You cannot survive in the U.S. without the right to work. If your EAD application is unreasonably delayed, especially if it is tied to a pending U-visa, VAWA, or asylum case, we will file a motion to compel USCIS to issue your work permit. We don't accept "active review" as an excuse for your financial instability.
U-Visa & VAWA (BFD & I-360 Delays)
For U-Visa applicants, the Bona Fide Determination (BFD) is the key to legal protection. If you have waited more than 6 months for your BFD, we can sue. For VAWA (I-360) applicants, if your petition has been pending for 1.5 to 2 years, we use federal litigation to force a decision, often paving the way for your I-485 Green Card.
I-601A Provisional Waiver Delays
I-601A waivers are currently among the slowest-moving applications at USCIS. We use federal litigation to challenge these multi-year delays that keep families separated. By highlighting your "Extreme Hardship" and the unreasonableness of the delay, we force the government to adjudicate your waiver without further stalling.
Agency Error & Background Check Stalls
Often, cases are stuck because of "FBI Background Checks" or simple administrative errors where a file is "lost" in the system. Our lawsuits force USCIS to locate your file, complete the security clearances, and resolve any data errors that are preventing a final decision.
Why Choose Us: The Advantage of Focused Expertise
Gozel Law Firm is a team of experts in federal Mandamus litigation who have filed hundreds of lawsuits to end government delays and knows exactly how to get results.
TRAC-Factor Expertise
We utilize the complex TRAC-factor legal framework to prove your delay is unreasonable under federal law. Our deep understanding of these standards allows us to build a case that forces the government to prioritize your file. Our goal in most cases is to compel a decision before the 60-day response deadline, which we successfully achieve for the majority of our clients.
Nationwide & Worldwide Service
We represent clients in all 50 states and at U.S. Embassies globally. As federal practitioners, we handle Mandamus actions across the country, ensuring the government is held accountable regardless of where you are located.
A Decade of Experience
Attorney Arif Gozel’s decade of experience provides the leverage you need to end the silence on your application. We understand that filing a lawsuit is your legal right, and we ensure it is done professionally to secure a decision without affecting the merits of your case.
FAQ
A Writ of Mandamus is a federal court action filed under the Administrative Procedure Act (APA) to compel a government agency, like USCIS or the Department of State, to take action on an unreasonably delayed case. It does not force a positive decision, but it legally forces the government to issue a final decision instead of leaving your file in a backlog.
The total cost of a Mandamus lawsuit includes the federal court filing fee (currently $405) and attorney fees. At Gozel Law Firm, we provide a transparent, flat-fee structure based on the complexity of your case—whether it’s a 221(g) delay, an Asylum case, or an EB-5 petition. We offer a free initial evaluation to determine if your case is ready for litigation.
No. Filing a Mandamus lawsuit is a legal right to ensure government accountability. It is a procedural action, not a personal one. USCIS adjudicators decide cases based on the merits of the application and the law. In our experience with hundreds of cases, filing a lawsuit does not trigger retaliation; it simply moves your file to the top of the officer’s desk for a final decision.
By law, the government has 60 days to respond to the summons. However, in our practice, cases often reach a resolution much faster. This is because we aim for the case to become "moot"—a legal term meaning the government issues a decision on your application before they even file a formal response in court. Many Gozel Law Firm clients see movement or final decisions within 30 to 45 days, as the government often prefers to adjudicate the case rather than defend the delay.
Naturalization (N-400): If 120 days have passed after your interview, we file under Section 1447(b). Marriage Green Card (I-485): We recommend taking action after 12 months of silence. 221(g) Consular Delay: While 12 months is standard, we can act after 6 months if there are urgent humanitarian or financial factors. Asylum: Usually after 4-5 years of waiting for an interview.
Unlike general practice firms, Gozel Law Firm specializes in Strategic Venue Selection. Led by Attorney Arif Gozel, we understand how to avoid unfavorable jurisdictions like Washington D.C. for consular cases and instead establish connections to more favorable federal courts. We have successfully ended the silence for hundreds of clients worldwide.
Technically, yes, but it is highly discouraged. Mandamus litigation involves strict federal procedural rules, "Venue Selection" strategies, and complex legal standards like the "TRAC factors." A single procedural mistake can lead to your case being dismissed with prejudice. Gozel Law Firm's decade of experience ensures that your complaint is filed in the correct jurisdiction and survives government motions to dismiss.
While no lawyer can guarantee a specific outcome (as the final decision rests with the agency), a Writ of Mandamus is highly effective at ending delays. In the vast majority of cases handled by Gozel Law Firm, the government chooses to adjudicate the case (issue an approval or a decision) within 60-90 days rather than defending the delay in front of a federal judge.