EN 
ES Mandamus
We file federal lawsuits to compel USCIS or other agencies to act on delayed immigration applications.
What Is a Mandamus (Delay) Lawsuit?
A writ of mandamus is a federal court action compelling a government agency—most commonly USCIS, the Department of State, or DHS to perform a non-discretionary duty they are legally required to carry out, such as adjudicating a pending immigration application or petition within a reasonable timeframe.
Key Points:
- Filed in U.S. District Court under 28 U.S.C. § 1361 and the Administrative Procedure Act (5 U.S.C. §§ 702, 706), seeking to force a decision, not to obtain approval.
- Typically used when an application (like an I‑485, naturalization, consular visa case, or asylum interview) has been unreasonably delayed beyond published processing times or a clearly excessive timeframe.
- Requires exhaustion of other remedies (USCIS inquiries, congressional inquiries, service requests) before filing.
- Once filed, the court generally issues a 60-day order for the agency to respond; failure to act may lead to a peremptory writ compelling a final decision.
- Limitations: Mandamus only compels action, not results. It cannot compel approval or challenge discretionary decisions .
What is a writ of mandamus?
A mandamus action requests a federal court to order a government agency to perform a legal duty—typically issuing a decision on a delayed application.
When is mandamus appropriate?
When an immigration benefit has been pending far beyond typical processing times and all other administrative options (inquiries, congressional, service requests) have failed.
What types of cases qualify?
Commonly used for adjustment of status (I‑485), naturalization (N‑400), consular processing, asylum interview delays, and other cases with no action for months or years.
Does mandamus guarantee my application will be approved?
No, it only forces the agency to make a decision. Approval or denial is still at the agency’s discretion.
How long will it take and where is it filed?
Filed in the applicable U.S. District Court, often where the applicant lives. After filing, the agency has ~60 days to respond. Timing depends on court schedules, settlements, or substantive rulings.
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