Mandamus Lawsuit (Sue USCIS) - GreenCardGuys Law Group

MANDAMUS LAWSUIT

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Mandamus Lawsuit

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Understanding Immigration Delays and Mandamus Lawsuits

What is a Mandamus Lawsuit?

A mandamus lawsuit requests a federal court judge to order the government to take action in a case. It does not and cannot request the judge to actually approve the case. If the judge believes that the delay is unreasonable, the judge may order the FBI to complete clearances and/or the USCIS to adjudicate the application within a specified period of time. Although the time specified by the judge may vary, it is often 30 to 90 days.

When do you recommend filing a Mandamus Case?

There is no correct or incorrect time. Certainly, it would be inadvisable to file before the expiration of normal processing times. Generally, we recommend waiting at least 1 ½ years after filing an adjustment of status application. Since many adjustment of status applications with pending security or name check clearances are approved within eighteen to thirty months after filing, the expense of a mandamus case may be saved by waiting longer than eighteen months. Our experience is that applications that are pending more than 2 ½ years often never get adjudicated or at least may be delayed for several more years. Another factor to be considered is that the longer the application has been pending, the greater the chance that a judge may consider the delay to be unreasonable.

What can I do to speed up my case?

Hire Green Card Guys Law Group to help you file a federal lawsuit called Mandamus to stop any further processing delays. Unfortunately, it can be a common scenario for applicants to experience unreasonable delays in the adjudication of their immigration applications. Many people who have properly filed their applications and supporting documents experience horrendous delays at USCIS, with very little information from USCIS about the status of their applications, with many under “administrative review.” This results in families being separated, applicants unable to work, and most importantly, the stress of an unresolved immigration case. Applicants in these situations are often unable to continue living productive lives because their immigration benefits are still on hold or “pending.” In some cases, USCIS will simply allow an application to remain pending indefinitely.

There is a remedy for those who find themselves in this frustrating situation. A “mandamus” action may be filed in court to compel USCIS, or any administrative agency, to act where there has been an unreasonable delay that causes harm to the applicant. What a mandamus lawsuit can do is force an administrative agency to take action. What it cannot do is order the administrative agency to rule in any particular way on your specific application. This lawsuit must be filed in U.S. District Court. If successful, a federal judge will order USCIS to issue a decision on your case. Filing a mandamus action is serious. Often, just the filing of this action in U.S. District Court results in USCIS issuing a decision to avoid further litigation.

If you have experienced an unreasonable delay and believe you have a right to the immigration relief you requested, and have exhausted other administrative remedies to compel a decision, please contact us. We can help you find resolution, so that you may continue on with your life and not have to face another day of unnecessary delay.

Where does the Mandamus case get filed?

The application is filed in federal district court in one of two places: either the federal district court with jurisdiction over the place where the foreign national lives or the federal district court in Washington, D.C. The only exception is on a naturalization case where the permanent resident alien has already been interviewed (called a “336(b) case”), which must be filed in the federal district court with jurisdiction over the place where the permanent resident lives.

What are the chances of success if a mandamus case is filed?

We have been successful on a very high percentage of these cases, but not 100%. Most judges agree that the grant of the relief in mandamus is appropriate with a long delayed application, but some judges do not. Also, the length of time in which the application is delayed may be a relevant issue affecting the chances of success.

If I sue the government, how long until I get an answer?

This is a common question. After we file lawsuit, we file a request for summons. This is a legal document

Will I be denied if I sue the government?

This is a common question. I am here to remove your concern. No, if the government was going to deny you, they would have done that already. Normally the government will either provide what we want which is normally the decision (or interview if not had that) or they can issue a request for more evidence. Yes it is strange that they could ask for information that you already provided but it is important to provide it quickly, so you can get your legal status. That is what we consider a successful outcome. Whether you decide to hire our team or someone else, I feel better when we know we shared the solution that you took action on. Please keep us updated even if it is 1 year later. All you need to do is decide if you want legal status now.

What is the possibility that US Attorney will challenge my lawsuit?

The key thing to remember is that this lawsuit works when everyone believes that the delay you have been waiting is considered an unreasonable amount of time. However, we would not file the lawsuit if we believe it is still reasonable amount of time to process. But most likely, by the time you contacted us, you have been more than enough time. If the lawsuit is contested by a US attorney, that typically means they think that the processing is still within a reasonable timeframe or if the case was filed in the wrong court location based on where you live. In our experience this is rare but it could happen. This is why, as a courtesy, we conduct a preliminary legal analysis to see if you are eligible to apply for what you applied for. We can decide together to refile the lawsuit at a more proper time. Whether you decide to hire our team or someone else, I feel better when we know we shared the solution that you took action on. Please keep us updated even if it is 1 year later. All you need to do is decide if you want legal status now. Don’t be shy. Give us a call if you have any questions.

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