Imagine you filed your immigration case (an I-485 or I-751, for example) 2 years ago. During that time, you attended interviews, submitted all requested evidence, made phone calls, had security checks, etc., but things are simply not moving forward.
This delay could be considered unreasonable, and you would have the right to file a lawsuit against immigration authorities. The legal remedy filed in court is known as a Writ of Mandamus.
Although in this remedy courts cannot tell the USCIS to approve or deny an application, they can require immigration to hurry up and make a decision. A Writ of Mandamus is exactly that: an order from a court to government officials, compelling them to perform their duties owed to you.
A Writ of Mandamus can thus obligate immigration authorities to make a decision on your case. Because USCIS could be required to pay your attorneys fees and cost in filing these lawsuits if there is a court order and you are the prevailing party, in many cases—particularly those involving egregious delays—the mere filing of a writ of mandamus results in a prompt decision before the judge intervenes.
However, these cases are often complicated, as some courts may consider delays normal in the decision-making process and may decide it is not their role to rush the officers. For this reason, you should seek the help of a dedicated team of experienced immigration lawyers to analyze your situation.
To file a Writ of Mandamus petition with the courts, you must meet the following requirements:
Some cases that apply are:
Naturalization (N-400): According to section 336(b) of the Immigration and Nationality Act, the immigration service must give you an answer within 120 days from your interview date.
Permanent Residence or Adjustment of Status (I-485): Any delay longer than 1-2 years after submitting the I-485 form could be considered unreasonable.
A mandamus is also appropriate in case of consular delays (for visas). This could be particularly beneficial if you are experiencing delays for employment or family-based visas.
At Symphorien-Saavedra Law, we have extensive experience working with immigration delays. Our founder, Frank Symphorien-Saavedra, is certified as an expert in immigration law by the Florida Bar and has helped many clients with writ of mandamus petitions.
Call us at 407-802-1717 and schedule a consultation with one of our immigration attorneys to determine if it is necessary to pursue judicial review to expedite your case or if there are alternatives available. You may also or fill out the online form provided on this page and we will contact you shortly. We are ready to answer any questions about your case and help you get closer to your American dream!
We are dedicated professionals and first-generation immigrants or direct descendants from Brazil, Venezuela, Dominican Republic, Cuba, Poland, Argentina, Mexico, and Paraguay, and can communicate with you in English, Spanish, Polish, and Portuguese.