Speed Up Your U.S. Immigration Applications: Understanding Mandamus Lawsuits
Index
What are Mandamus Lawsuits?
The mandamus lawsuit is a powerful legal remedy pursued in U.S. federal courts to force government agencies to process delayed immigration applications. Mandamus lawsuits are crucial for those experiencing unreasonable delays in asylum, green card, citizenship, visa, or other immigration applications. A writ of mandamus forces the government to act promptly, ensuring your applications are processed on time. This protects your rights and speeds up your immigration process.
Conditions for Filing a Mandamus Lawsuit
Congress suggests that immigration applications be processed within 180 days (8 U.S.C. § 1571(b)), but some laws require faster decisions for certain applications. For instance, citizenship applications must be handled within 120 days after the test. If your case is delayed, a mandamus lawsuit might help. To know if your case is ready for a lawsuit, consult an experienced mandamus attorney who can assess the right time to file. It's crucial that your attorney stays up-to-date on precedent cases and understands the immigration agency’s practices regarding these lawsuits.
As addressed above, a mandamus lawsuit can be filed when there are prolonged delays in immigration applications. Here are a few examples:
Asylum Application Delays: If you applied for asylum with USCIS a long time ago and still haven’t had your interview, or if you’re waiting for a decision after your interview, you can file a mandamus case to speed up your process. Our office suggests waiting at least 4 years before and 6 months after the interview before filing this lawsuit. Keep in mind that USCIS receives more applications than they can process each month, and the wait time is growing every day. More than one million asylum cases are pending before asylum offices, and there is currently almost no chance of getting an interview if your case has been stuck in the backlog for years, as newer cases are given priority,
Administrative Processing Delays: If you are stuck in administrative processing for months after a consular interview for your visa,
Green Card Application: If one year has passed since your green card application through marriage to a U.S. citizen,
Citizenship Application: If 120 days have passed since your citizenship interview and you have not yet received a decision from USCIS,
EB-5 Investor Visa: If you have invested hundreds of thousands of dollars in the U.S. and have been waiting for years for your EB-5 green card application,
U Visa Application: If you have applied for a U visa but have still not received your work permit,
In these and similar situations, if you believe you have faced an unreasonable delay, you may be able to file a mandamus lawsuit.
To determine if you are eligible to file a mandamus lawsuit, take our free eligibility test.
Success Stories and Case Examples in Mandamus
Pending Asylum Application Delays
Many of our clients, who had been waiting for years for asylum interviews, were able to secure their interviews quickly by filing a writ of mandamus. Similarly, our clients who had attended their interviews and had been waiting for months to get a decision, received their approval decisions in a short period of time.
Client review: “I am immensely grateful to Gozel Law Firm for their exceptional assistance with our asylum case. They were the third law firm/attorney we worked with, and our case was pending for over five years. Within just three months of working with them, they helped us file a mandamus lawsuit and prepare for the interview, and we were finally granted asylum in the U.S. Their team demonstrated unparalleled expertise, compassion, and dedication throughout the entire process. They provided clear guidance, were always available to answer our questions, and worked tirelessly to ensure the best possible outcome for me and my husband. I highly recommend Gozel Law Firm to anyone in need of legal support. Thank you for making such a profound impact on our lives!’’
Citizenship Application Delays
If you are a green card holder and attended your citizenship interview, still waiting for a decision after 120 days, you may file a mandamus case to receive your decision. One of our clients received their citizenship approval in 30 days after waiting for 3 years and became an American citizen.
Administrative Processing Delays
If you’ve completed a consular interview but you are still stuck in administrative processing with no updates for months, a mandamus lawsuit can help. For example, one of our clients had been waiting a year for their spouse's green card application decision. The consulate approved the visa in less than 60 days after filing the mandamus lawsuit.
Client review: “We contacted Mr. Arif for the first time via social media (Instagram) and he got back to us in a very short time. The information he provided, and his sincerity were very influential in our decision to work with Gozel Law Firm. We met with many lawyers to file a mandamus lawsuit, but most of the time they gave us unreal information just to get paid. Mr. Arif explained the whole process in detail and shared details about how the process would proceed. Additionally, thanks to the ease of the system they used, we could easily share all our documents with them digitally. As a result, we filed the Mandamus case and received results in less than a month, as they said. We are very happy to work with Gozel Law Firm. We thank them very much for their honesty and professionalism.”
Green Card Delays
If you have applied for a green card and feel that your wait time has been excessively long, a writ of mandamus could be the answer. Many of our clients have successfully expedited their green card approvals through mandamus.
Client review: “I recently had the pleasure of working with the Law Office of Arif Guzel to expedite my EB1 I-485 case through a writ of mandamus, and I couldn't be more satisfied with the experience. Attorney Arif Guzel personally took an active role in my case, along with his diligent assistants, Merve and Boran. Their professionalism and hard work were evident throughout the process. Thanks to their efforts, both my wife’s and my I-485 applications were approved in just 55 days—a testament to their efficiency and expertise. I am truly grateful for their support and highly recommend their services to anyone needing legal assistance in immigration matters.’’
How We Work with Our Clients in Mandamus Cases
The first step in a mandamus case involves preparing your complaint. Our attorneys gather the necessary documents including your receipts and correspondence from immigration offices or consulates, as well as reviewing your immigration history. Based on this review, we prepare your complaint and file the mandamus lawsuit in federal court.
As the application progresses in court, we actively negotiate with DOJ (Department of Justice) attorneys to resolve the issue. This often results in an early settlement, saving you time and money while achieving the desired result.
Conclusion
Mandamus lawsuits are highly effective tools for delays in immigration processes. If you are facing unreasonable delays with your immigration application, consider filing a mandamus lawsuit. At Gozel Law, we are ready to assist you throughout this process.
Take the first step by completing our eligibility test to determine your suitability for a writ of mandamus. Click here for the free eligibility assessment form.
A Writ of Mandamus Eligibility Test
We have achieved numerous successful cases to date and are committed to providing solutions that protect your rights and expedite your immigration process. Our expert attorneys are here to provide you with the most accurate and prompt legal support.
Frequently Asked Questions (FAQs) About Mandamus Lawsuits
01. When Can I File a Mandamus Lawsuit?
A mandamus lawsuit can be filed when you believe that a government agency, such as USCIS, has caused an unreasonable delay in processing your application or request. The length of delay that makes you eligible to file a mandamus lawsuit can vary based on jurisdiction and the type of application or petition. Therefore, it is important to consult with an experienced mandamus attorney who can review the specifics of your case.
02. How Do I Start the Mandamus Process?
Once you sign an attorney-client agreement with us, we immediately begin working on your case and provide you with access to an electronic client portal. There’s no need for in-person meetings, as every step can be handled remotely. As our client, your sole responsibility is to provide the necessary documents and instructions. We manage the entire process from start to finish, and most cases are resolved without a hearing. Even if a court requires a hearing, it focuses on legal arguments, and your attendance is not necessary.
03. What Documents Do I Need to File a Mandamus Lawsuit?
To file a writ of mandamus you need documents related to your application, proof of delay, and other relevant documents. Our attorneys will assist you in gathering all necessary documents.
04. How Long Does It Take for USCIS to Respond to Mandamus Lawsuits?
When you file a mandamus case against the immigration office, they are required to respond within 60 days. As a result, most cases are resolved in less than 60 days. For example, in many of our firm’s cases, USCIS issued a decision as quickly as a week after filing. However, if USCIS or the consulate requires an interview before making a decision, they may set an interview date as part of the resolution process. The mandamus case is only withdrawn once a decision is issued following the interview.
05. How Does USCIS or Consulates Know That We Filed a Mandamus Lawsuit?
When we file a mandamus lawsuit against the U.S. consulates or the immigration office (USCIS), the federal court issues a document called a “summons” to inform the defendants about the pending case. As your representatives, our office serves this document along with your complaint and exhibits to the defendants. Once the summons is delivered, the defendants have 60 days to respond. Based on our experience, we typically find that during this 60-day period, your application tends to move forward because of the lawsuit.
06. How Often Does USCIS Get Sued?
USCIS is sued relatively frequently, often through mandamus, when applicants experience unreasonable delays in their immigration processes. The number of lawsuits can vary based on factors such as changes in immigration policies, processing times, and the volume of applications.
07. What Is the Success Rate of Mandamus Lawsuits?
Our success rate in a writ of mandamus is very high. Most cases are resolved by the government without going to court (through settlement), and our clients achieve the desired results.
08. What Happens If I Lose My Mandamus Case?
We thoroughly evaluate each immigration application and only recommend filing a mandamus case if we believe there's a strong chance of success. This involves staying up to date on legal precedents and the government’s settlement priorities, a task best handled by experienced mandamus attorneys. In the rare event the case is unsuccessful, or you choose not to pursue further litigation, you can withdraw the case at any time, returning to your original position, awaiting a response. However, we have an excellent success rate with mandamus actions, and our attorneys are always transparent about your chances of success. We do not take on cases unless we are confident in a positive outcome.
09. Can the Government Take Negative Action Against You for Filing a Mandamus Lawsuit?
Many of our clients are concerned that filing a lawsuit against an immigration agency might lead the agency to deny their petition or application. However, in reality, the opposite is usually true. Typically, the oversight provided by a federal court after filing a lawsuit forces the immigration agency to act timely and follow the law. Therefore, the idea that USCIS might act against you for filing a mandamus lawsuit is not accurate.
Also, take a look at our reviews from clients who have filed mandamus actions. Hundreds of our clients expressed their satisfaction with the outcomes, often stating that pursuing this option was one of the best decisions they made in their journey toward the American dream, as it helped expedite their applications.
Contact Us
For more information and to receive consultation services about a writ of mandamus, contact us via phone or email. Our expert attorneys are here to provide you with the most accurate and prompt legal support in your immigration process.
