Immigration delays are frustrating and disruptive. But when they exceed normal waiting times, immigration avenues are available to assist.
One of the strongest avenues of relief for applicants experiencing inordinate delays from the immigration agency is through a writ of mandamus lawsuit.
Mandamus litigation involves asking a court to require action from government agencies regarding delayed cases.
This will discuss the possible outcomes of mandamus litigation, when one would file, and how an immigration attorney can help with immigration delays.
What Is a Writ of Mandamus in Immigration Law?
A writ of mandamus asks a federal court to order a government agency to carry out its duty.
In immigration law, mandamus can be used when agencies have delayed processing well beyond the normal time frames despite applicants having qualified for the benefit and waiting for agency action.
Although mandamus does not guarantee approval, it simply demands the completion of a case or clarification of the delay from the governmental body.
The writ of mandamus is simply designed to force immigration bodies like the U.S. Citizenship and Immigration Services to take action on any case that has been under unreasonable delay.
Potential Mandamus Outcomes
The writ of mandamus lawsuit, based on the facts of an individual case, may have one of the following outcomes:
1. Case Transferred
One possible outcome of a mandamus lawsuit is that the case is transferred to a different office or department for faster processing.
This can expedite the process by shifting the case to a location or team with more capacity. Sometimes, cases are delayed due to workload imbalances in certain USCIS offices, and a transfer can help resolve the bottleneck.
2. Explanation for Delay
Sometimes, a writ of mandamus results in a detailed explanation for the delay; this does not hasten the processing time.
However, knowing why there is a delay can help you understand your options much better, especially when the delay pertains to a background check, missing documents, or additional security vetting.
3. Case Adjudication
The most favorable outcome in mandamus litigation is direct adjudication of the case. In this scenario, the government agency reviews and decides on the application.
This outcome can be particularly beneficial for applicants who have waited far beyond standard processing times without any progress on their case.
When is the Appropriate Time to File a Mandamus Lawsuit?
Mandamus litigation is not appropriate for all immigration delays. Before filing, applicants should evaluate whether their situation meets the following criteria that typically justify a mandamus lawsuit:
1. Unreasonable Delay in Processing an Immigration Application
Mandamus lawsuits are usually filed when there is an unreasonable delay. While processing times can vary, an extended wait that surpasses normal timelines may be considered unreasonable.
Individuals facing unusually prolonged delays without any clear reason may benefit from considering mandamus litigation as a solution.
2. Exhausted All Administrative Remedies with No Results
It’s recommended that before you file a writ of mandamus, you exhaust all the available administrative remedies. This includes following up with the USCIS for an update and even filing service requests.
Only after these attempts yield no results is a mandamus lawsuit typically considered. This approach shows the court that the applicant made reasonable efforts to resolve the delay without judicial intervention.
3. Delay Beyond Standard Processing Times Without Explanation
Mandamus litigation may be appropriate when the processing time extends beyond the agency’s posted timelines and there’s no clear reason for the delay. Agencies must follow standard processing guidelines, and unexplained delays can be grounds for a court to order them to take action. Without explanation, the mandamus may prompt the agency to address the case if the application has been pending far beyond the average processing time.
4. Urgent Need for Resolution Due to Personal or Professional Reasons
In some cases, immigration processing delays cause significant personal or professional hardship.
Applicants who need immediate action to maintain employment, obtain a visa, or travel on behalf of family or business matters can file a mandamus lawsuit.
Those courts will likely favor a mandamus case if applicants can prove urgent and compelling reasons for expedited processing.
5. Government Agency Inaction Affecting Legal Status of Rights
Where your legal status is threatened, a writ of mandamus may be provided to save it.
For instance, when delays in processing an extension of a stay visa could lead to the loss of work authorization or legal residence, filing a mandamus lawsuit will stop further complications.
Mandamus litigation compels the agency to act lest the eventuality of administrative delays prejudice applicants’ rights.
6. Application Delay Impacting Family Reunification
A huge number of applications pertain to immigration to reunite with a family member, such as an application for a spousal or family visa.
The delay causes separation among the members for a longer period, which, in turn, causes emotional and financial damage.
Mandamus’s action may be justified when the delay is thus hugely affecting family reunification. Courts recognize family unity, and mandamus litigation forces agencies to reevaluate and take up priority family cases.
Filing a Mandamus Lawsuit
After giving notice of intent to pursue legal action, if there’s no response within 30 days, you can get a mandamus litigation lawyer to help you file a lawsuit.
This should be filed in an appropriate district court and served formally to the parties concerned, including the USCIS, the Department of State, and the local U.S. attorney.
The complaint will specify the court’s jurisdiction, identify the defendants, provide the essential facts, and indicate that all available remedies were pursued before filing suit.
This will highlight the cause of action under mandamus and the APA, for example, and conclude with the request for relief.
Once the complaint is filed, USCIS or the Department of State has 60 days to respond. During this time, they can either oppose the mandamus action or address the immigration case at the heart of the issue.
Typically, the government prefers to settle by assuring the court that a decision will be made within a set timeframe.
The government’s usual response is to resolve the matter within the 60-day window, aiming to render the lawsuit unnecessary by making a final decision on the immigration case.
However, if the government chooses to contest the lawsuit, it may file a motion to dismiss or formally respond, explaining its reasons for not taking the requested action. If they proceed with a challenge, the lawsuit will continue through the litigation process.
How an Immigration Lawyer Can Help You in a Mandamus Case
The litigation process involving mandamus might be cumbersome and, therefore, requires the expertise of an immigration lawyer.
First, they will analyze your case for its feasibility in mandamus-researching delays and alternative solutions.
Suppose this mandamus petition is the best option. In that case, your attorney will draft and coordinate the records, timelines, and follow-ups necessary to prove unreasonable delays in support of your mandamus petition.
The attorney will then prepare and lodge the mandamus petition to federal court, ensuring everything is accurate and complete.
In the event the case proceeds, they will represent you in court. Often, simply the filing of a mandamus action has the effect of persuading the agency to act, and an attorney is often able to work a deal for accelerated settlement without actually having a hearing.
Conclusion
Mandamus litigation is one of the strongest remedies for unreasonable immigration delays. Filing a writ of mandamus pushes the agencies to act and ensure that an application does not stay pending forever.
While mandamus does not guarantee approval, it ensures agencies process cases and cut delays. In such long waits, the expertise of an immigration lawyer will help an applicant effectively manage the litigation related to mandamus.
If your immigration application has stalled, contact an immigration attorney to determine if mandamus is the right strategy for your situation.
