Does it feel like you have been waiting far too long for news about your application? Unfortunately, this happens sometimes, but immigration law offers a possible remedy – a writ of mandamus.
In simple terms, it is a type of lawsuit and a formidable legal tool for immigration applicants facing unreasonable delays in the processing of their applications.
What it does
A successful mandamus lawsuit compels government agencies, such as the United States Citizenship and Immigration Services (USCIS), to fulfill their official duties. For immigration applicants, if your application has lingered in limbo beyond standard processing times, you may qualify for a mandamus lawsuit prompting swifter action.
Proving a mandamus action
You must demonstrate three essential elements to succeed in a mandamus action:
- You have a clear right to the relief requested.
- The defendant has a clear duty to perform the act in question.
- No other adequate remedy is available.
Essentially, the applicant must show that the delay is unreasonable and that they have exhausted all other options to resolve the issue.
Steps to take in advance
Before you file a mandamus action, consider speaking with someone experienced in immigration law. They can help you seek other alternatives to have your application processed.
Examples include:
- Requesting expedited processing from the USCIS
- Pursuing available administrative remedies
- Asking the local congressman for aid
- Speaking with the USCIS Ombudsman’s Office
It is considered your duty to exhaust other potential solutions before pursuing a writ of mandamus.
If those methods fail, your representative can help prepare and file a mandamus lawsuit on your behalf and guide you through the process from start to finish.