FEDERAL LITIGATION: THE WRIT OF MANDAMUS
HAVE YOU BEEN WAITING YEARS FOR USCIS TO MAKE A DECISION?
ARE YOU STUCK IN ADMINISTRATIVE PROCESSING?
A writ of mandamus is a powerful, but often misunderstood, legal remedy used in U.S. immigration law. It compels a government official or agency to perform a duty that they are legally obligated to carry out. In the context of immigration, this remedy is commonly sought when applicants face unreasonable delays in processing their immigration petitions or applications, such as visa petitions, adjustment of status, asylum applications, or naturalization requests.
A writ of mandamus is a legal tool available to immigrants who experience significant delays in the processing of their applications. While it can effectively force government agencies to take action, Legal guidance is critical in evaluating whether a mandamus action is appropriate based on the specific facts of the case and the nature of the delay.
WHAT IS A WRIT OF MANDAMUS
In the field of immigration law, writs of mandamus serve as a legal tool primarily designed to address the issue of prolonged delays in the processing of immigration cases. Individuals who have submitted various petitions to U.S. Citizenship and Immigration Services USCIS, the Department of State DOS, or other relevant agencies may find themselves facing unreasonable delays that significantly exceed the standard processing times typically experienced. When such delays occur, and after all other possible avenues for administrative relief have been thoroughly explored and exhausted, filing a writ of mandamus can emerge as an effective and powerful method to compel the necessary governmental authority to take action on the pending case.
Benefits
Resolution of Delays: A successful writ of mandamus compels the government agency to take action, meaning the petitioner will receive a decision on their case.
Court Supervision: Once the court orders the agency to act, it is bound to follow the court's directive. This adds a layer of accountability, making it difficult for the agency to ignore the case.
Case Attention: Even if the writ does not result in immediate court action, the filing of a mandamus lawsuit often prompts the agency to review the case more carefully, as the litigation may force them to prioritize delayed cases to avoid court involvement.
Risks
Denial of the Application: While mandamus can compel the agency to make a decision, it does not compel the agency to approve the application. In fact, a lawsuit could hasten a denial if the agency finds the application is not approvable.
Government Defenses: The government may argue that the delay is reasonable due to factors such as the complexity of the case, security concerns, or resource constraints. The court may find these defenses valid and deny the writ.
Costs and Time: Filing a writ of mandamus involves legal costs, and the process can take time—particularly if the government opposes the petition and the case goes through litigation. For individuals or families already facing financial strain, the added burden of legal fees can be significant.
Adverse Effects on Future Immigration Applications: Although rare, some petitioners fear that pursuing legal action against the government may lead to additional scrutiny of their immigration applications in the future. This is a concern that should be weighed with a legal professional.
potential benefits and risks
case examples
Naturalization Delays: Individuals applying for U.S. citizenship may face extended delays after completing the naturalization interview. A writ of mandamus can be filed if USCIS fails to make a decision on the application within 120 days of the interview, as required by law (8 U.S.C. § 1447(b)).
Visa Processing Delays: In cases where a visa applicant is stuck in "administrative processing" for an extended period, a writ of mandamus can compel the Department of State or U.S. consulate to finalize the processing of the visa.
Asylum Applications: If an asylum application is pending for years without any clear explanation, a writ of mandamus may be used to prompt a decision by USCIS.