Writ of Mandamus
Writ of Mandamus is a court order that compels a government official or agency to complete a task that they are legally required to do. This is not a way to get a different decision, but rather to ensure the official or agency takes action on something they have neglected or refused to process. In case the U.S. immigration agency is unreasonably delaying the processing of your application, you may seek a writ of mandamus to force the agency to take action and make a decision on your case. We can help you expedite the processing time for your visa application.
When Can I File for a Writ of Mandamus?
You may consider filing a writ of mandamus if:
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Your case is stuck and you’ve been waiting longer than expected.
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A government agency, such as USCIS, has failed to issue a decision on your application or petition.
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There are no other legal options to resolve the delay.
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The government official or agency has a clear legal duty to act, and the task is straightforward (not subject to their discretion).
Important to Understand!
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Mandamus is not an appeal – it doesn’t change a decision but forces action when the government is unreasonably delaying your case.
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You must show unreasonable delay – filing for mandamus is appropriate when wait times are far beyond standard processing timelines.
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It’s an extraordinary remedy – this is typically a last resort when all other avenues have been exhausted.
Can a writ of mandamus guarantee approval of my case?
No! A writ of mandamus only forces action, not a specific outcome. The agency must still review your case according to the law.
How long does it take to process?
Once filed, the process may take a few months, depending on the court and the agency's response. Often, agencies act quickly after a mandamus is filed to avoid court involvement.
Do I need an attorney for this process?
Yes. Filing a writ of mandamus involves complex legal procedures, and working with an experienced immigration attorney increases your chances of success. If you have been waiting an extraordinary amount of time for action on a matter, we can advocate on your behalf.
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