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Keep Your Case Moving Forward with the Help of Brown Immigration Law
Are you trying to immigrate to the United States? If so, you already know that the process can be long and difficult. While short processing delays are common, some cases are stalled for months or even years with no explanation or updates. If you’ve hit this kind of wall, filing a writ of mandamus may be the legal tool you need to prompt action from immigration authorities.
At Brown Immigration Law, our attorneys help clients resolve unreasonable case delays through federal litigation. If you’ve been met with roadblocks and silence from USCIS or another agency, we can help you compel action and move your case forward.
What Is a Writ of Mandamus?
A writ of mandamus is a court order that requires a government agency to take legally required action on a pending case. It does not guarantee a favorable outcome – it simply compels the agency to make a decision within a reasonable period of time.
Writs of mandamus can be filed in cases involving:
- Delayed green card applications
- Naturalization applications
- Change of status applications
- Immigrant and Nonimmigrant visa applications stuck in administrative processing
- Other immigration applications that have stalled without explanation
Which Immigration Cases Are Most Likely to Suffer Delays?
Any immigration matter can face unreasonable delays, but the following types of cases are especially prone to backlogs and bureaucratic holdups:
- Green Card Applications: Processing may stall due to administrative errors, background check delays, or internal inefficiencies. In some cases, an agency may take no action for months or years, even when all requirements have been met.
- Affirmative Asylum Applications: Asylum applicants often face prolonged delays with little to no communication from USCIS or other agencies. Policy shifts and processing backlogs are common. If your application has been sitting untouched, legal intervention may be necessary.
- Change of Status Applications: Timely processing is essential when you are applying to change your nonimmigrant status. Delays can lead to gaps in lawful presence or the expiration of existing visas, putting you at risk of being placed in removal proceedings.
- Employment-Based Visas: Employment-based visa petitions (including H-1B, L-1, O-1, and EB-5) frequently encounter unexplained delays. This can interfere with your ability to maintain employment and lawful status.
- Naturalization and Citizenship Applications: If your application for naturalization has been pending beyond normal processing times, or if a decision has not been issued within 120 days of your interview, it may be time to consider legal options. Prolonged delays can interfere with your ability to travel, vote, or participate fully in civic life.
How Does a Writ of Mandamus Work in an Immigration Case?
If your immigration case has stalled and all standard options have been exhausted, a writ of mandamus can be filed in federal court.
Keep in mind that filing this type of lawsuit does not guarantee that the agency will approve your application. Rather, it forces the agency to make a final decision on an application, which may be positive or negative.
When Can an Immigration Lawyer File a Writ of Mandamus?
A writ of mandamus may be appropriate under the following circumstances:
- You have a pending immigration case (visa, green card, or naturalization).
- All requested documentation and requirements have been met.
- Your case has been delayed beyond published or legally required processing times.
- You’ve made repeated inquiries and received no meaningful updates.
- You’ve exhausted other avenues, such as congressional assistance or service requests.
- The delay is causing hardship – including job loss, family separation, or inability to travel.
Do You Have an Immigration Attorney Near Me?
Brown Immigration Law serves the entire country from offices in Cleveland and Columbus, OH; Durham, NC; and Tampa and Orlando, FL. Contact us today to learn more.
Experienced Counsel From Trusted Immigration Attorneys
If your immigration case is stuck for reasons unrelated to your eligibility or documentation, you don’t have to wait indefinitely. Our attorneys understand the legal remedies available – including mandamus litigation – and we can help you assert your rights. Complete our contact form to schedule a consultation today.
