Mandamus Lawsuits
For many, moving to the United States is the ultimate dream. However, the immigration process can be complicated, confusing, and unfortunately, at times, slow (very, very slow). The process can be frustrating, and there may be moments where it feels like there is nothing that can be done to speed things up. But all hope is not lost. If an individual or family has been waiting a considerable amount of time for a decision on their immigration application, it may be time to consider a mandamus lawsuit. This blog post explains what mandamus lawsuits are, when they can be useful to immigrants, how to file a mandamus lawsuit, and much more.
What is a mandamus lawsuit?
A mandamus lawsuit is a type of legal action in which an individual or organization files a petition to force a government agency to make a decision on a matter that has been stagnating for an extended period. In the context of immigration, mandamus lawsuits are typically but not exclusively filed to compel the United States Citizenship and Immigration Services (USCIS) to process an application when there has been an unreasonable delay in taking action on the case. Please note that additional types of unlawful delay lawsuits exist under the Administrative Procedure Act (APA) which are not discussed here.
When are mandamus lawsuits useful to immigrants?
Mandamus lawsuits can be useful to immigrants when there has been an unreasonable delay in USCIS taking action on an immigration application. If an individual has received a request for evidence or notice of intent to deny from USCIS, and solved the issues on the application, but still has not received a decision, a mandamus lawsuit can be filed to compel the agency to act. Mandamus lawsuits are also great for getting interviews scheduled for applications (e.g., asylum applications, waiver applications, etc.) that have been pending for 2 years or more. Ultimately, it is important to understand that mandamus lawsuits are a last resort when an applicant has exhausted all other options.
How to file a mandamus lawsuit?
Filing a mandamus lawsuit can be a complicated process and requires an experienced attorney who is admitted to practice in the U.S. District Court with jurisdiction over the lawsuit. The first step in filing a mandamus lawsuit is to gather all of the necessary documents, including the applicant’s immigration application, all correspondence between the applicant and USCIS, and relevant court cases that support the applicant's position. Your lawyer will then draft and file a petition for a writ of mandamus with the appropriate court.
Goal of mandamus lawsuits
The goal of filing a mandamus lawsuit is to ask the court to compel the immigration agency to make a decision on the application. If the applicant wins the mandamus lawsuit, the USCIS will be compelled to decide on the application within a specified period, or the court will make the decision on behalf of the immigration agency. It is important to understand the limits of a mandamus lawsuit. Although the court can compel the USCIS to make a decision, the lawsuit cannot force the agency to decide one way or another. Additionally, in many cases, the agency will take the desired action on the application after the mandamus lawsuit but before a court has rendered a decision to “moot out” the petition. When this occurs, mandamus lawsuits can achieve desired results extremely quickly.
Why to hire an attorney
It is crucial to have a competent lawyer, well-versed in federal lawsuits, assist with a mandamus lawsuit. While the immigration process is occassionally simple, navigating the legal system can be challenging, particularly when it comes to filing lawsuits. An experienced immigration attorney can provide legal support, advice, and representation throughout the mandamus lawsuit process. It is important to choose an attorney with experience in mandamus lawsuits and familiarity with the court that's hearing the case. An attorney can also explain the potential risks, benefits, and costs of filing such a lawsuit.
The immigration process can be challenging and stressful, and it is essential to understand all available options to speed up the process. Mandamus lawsuits can be a helpful tool to ensure that applicants get the decisions they deserve from USCIS, but it's important to understand the limitations of these legal actions. Filing a successful mandamus lawsuit typically requires the assistance of an experienced attorney well-versed in federal lawsuits. Immigrants and their families should consult with an attorney to determine if a mandamus lawsuit is an appropriate course of action. Remember, the key is to maintain persistence throughout the immigration process while working with an experienced legal team.
