Every immigration process has a standard or predictable processing time or how long it will take for your case to conclude once it starts. Each step of a process may also have a standard processing time that is generally expected. If your immigration case has taken longer than expected and you haven’t been given an acceptable explanation of why there have been delays, a writ of mandamus may be an option. A writ of mandamus is an official court order to compel USCIS or another immigration agency to work on your case again without further unnecessary delays.

If a writ of mandamus is ignored or violated, the compelled agency could be penalized by a federal court that holds a member of that agency in contempt of court. Ignoring the writ of mandamus may also open the grounds for a lawsuit filed by the person whose immigration case has been unnecessarily delayed.

The benefits of a writ of mandamus often include:

• Accelerated processing to move your immigration case closer to a conclusion.
• Judicial oversight to ensure the government agency doesn’t neglect its duties again.
• Timely communication between immigration authorities, the courts, and your attorney.
• Clear and defined legal process that allows attorneys to act on behalf of their clients.

Are You Eligible to Use a Writ of Mandamus?

Our attorneys can immigration investigate your case to see why it has been delayed. If the reasons are unsatisfactory, we can discuss using a writ of mandamus on your behalf.

You may be eligible to use a writ of mandamus if:

• Your immigration case has been unreasonably delayed or has taken noticeably longer than the standard processing time for such a case.
• You have no other administrative options to try to resume your case or reach an amicable solution with USCIS.
• You have no alternative legal methods to resolve the delay.

What is the Process of Using Mandamus?

The typical process of using a writ of mandamus with our help is:

1. Evaluating your case: Our Oakland writ of mandamus attorneys will evaluate your situation and assess your eligibility for filing a writ of mandamus. If you cannot, we can discuss other options.
2. Collecting documentation: We can collect all documents that are relevant to your immigration case, like application receipts and communications with USCIS.
3. Filing the mandamus petition: Once your case is prepared, we can file the mandamus petition with the right federal court to request judicial intervention.
4. Serving the petition: If approved by the court, the mandamus petition must be officially served to USCIS and other agencies, which we can handle for you.
5. Preparing for litigation: USCIS may respond to a writ of mandamus in several different ways. We prepare for litigation early, just in case it becomes necessary due to an unsatisfactory response.

Can You Sue USCIS for Delays?

A writ of mandamus is a powerful legal tool that can compel USCIS and other government agencies to act. However, it is not always respected by the compelled agency, so an immigration case can still be stalled after mandamus. If this happens, we can consider pursuing further legal action against the agency, including a lawsuit.

If you need to sue USCIS for ignoring a writ of mandamus, the process will usually follow these steps:

1. Discussing the option with our lawyers: We should start by discussing what a lawsuit will require and if it is something you want to pursue to try to get your immigration case moving again.
2. Filing a complaint: After assessing your case for eligibility, we can file a formal complaint to the proper U.S. District Court that serves Oakland, California. The complaint will cover questions of jurisdiction, facts of the case, and the desired relief. It might take up to 150 days for the court to process this type of complaint, though.
3. Serving the government: When the complaint is recognized by the court, we will formally notify the government agency that has been named as the defendant, which is usually USCIS. Our attorneys will obtain proof of notification, too.
4. Awaiting the government’s response: The defending agency will have an opportunity to respond to the complaint. Ideally, your immigration case will be resumed without the need to further the lawsuit.
5. Attempting to negotiate: In some cases, the government agency will want to negotiate a settlement, which doesn’t necessarily mean a financial remedy. Instead, our attorneys may attempt to negotiate with the U.S. Attorney’s Office and USCIS to ensure that your immigration application or petition is promptly and correctly handled.
6. Filing a motion for judgment or trial: If no settlement or agreement is reached, we can file a motion for judgment with the federal court, which will schedule a hearing or trial to officially reach a conclusion. Based on the outcome of the trial, the court may order USCIS to handle your application, deny your application, or provide USCIS with specific instructions about how to handle your case.

Can You Appeal a Denied Mandamus?

If your writ of mandamus is denied, talk to our immigration attorneys about how to appeal that decision. The appellate process to have a mandamus petition reviewed again is highly complicated, but our legal team has the experience and resources needed to make sense of the situation. It might be possible to ask a higher court to review the denial, which could result in it being reversed.

Need More Information? Call Anytime

At Landerholm Immigration, A.P.C. in Oakland, we keep our phone lines open to help people with complicated immigration cases, like those involving writs of mandamus. If your immigration case, petition, or application has been unreasonably delayed, it is worth exploring your options with our mandamus attorneys. We may be able to use a mandamus petition or writ of mandamus to make USCIS put your case into motion again.

Schedule your free phone evaluation with our firm by dialing  (510) 491-0291!