A Writ of Mandamus Can Help When Your Immigration Case Is Taking Too Long

USCIS

Mario A. Godoy

A Writ of Mandamus Can Help When Your Immigration Case Is Taking Too Long

Is your immigration case taking too long? Have you been waiting months – even years – for a decision on your application? If you have been waiting an unreasonable time for the government to take action on your immigration case, you can file a lawsuit to require the government to make a decision on your case. This type of legal action is called a writ of mandamus and can be filed on your behalf by an experienced immigration attorney.

What Is A Writ of Mandamus?

A writ of mandamus is an order from a court to a government official ordering the government official to quickly and properly fulfill their official duties. In immigration cases, the lawsuit may be filed against the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to require those government agencies to make a faster decision on a pending immigration application.

To win a writ of mandamus action, you must be able to show that:

1. The plaintiff has a clear right to the requested relief;
2. The agency has a clear duty to perform the act at issue; and
3. There are no other available adequate remedies.

A Writ of Mandamus can be used for cases where someone is experiencing abnormal delays for employment-based or family-based immigration cases including:

• naturalization
• permanent residence
• adjustment of status for green cards

Immigration cases are known for taking a long time to process, and for long delays. Most immigration cases do not have a defined deadline for processing times and a decision by USCIS.

It is important to note that winning a writ of mandamus case does NOT guarantee the approval of your immigration application, it will only ensure that you have a fast decision on your application – and that decision could be a denial. In addition, not every immigration court nor every type of immigration application is eligible for mandamus. An experienced immigration attorney can review your case and determine if you qualify to sue for mandamus.

Do You Need An Attorney To Expedite Your Immigration Case?

A writ of mandamus is one option that is available to you if your immigration case has been unnecessarily delayed. If you need help with an immigration issue, please contact the experienced immigration lawyers at Godoy Law Office at 630-912-0322.

Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties.