Writ of Mandamus

Rachel Krewson is a professional immigration attorney with experience helping people from all over the world secure visas, green cards, and citizenship in the United States. She founded Krewson law to provide quality immigration services to people across the U.S.

If you have a U.S. immigration matter pending with the USCIS longer than standard processing times and have exhausted your options, you may file a Writ of Mandamus. A Writ of Mandamus is a legal document that orders the government, in this case, the USCIS, to act on your matter.

What is a Writ of Mandamus?

An immigrant may file a writ of mandamus if the government’s delay in processing their application has become unreasonable. A mandamus is a court order directing an individual, organization, or government agency to perform a specific action. It compels an entity to act voluntarily when it has failed to do so.

This decree can correct an abuse of authority or discretion or compel the administrative agency to act where it has neglected to do so. For example, suppose the USCIS fails to respond to your application for legal status after prolonged inaction. In that case, you may file a Writ of Mandamus in a federal court. However, a writ of mandamus is considered a last resort and should only be considered after all options have been exhausted.

When to Use a Mandamus Action

A writ of mandamus may be issued when an administrative agency, such as U.S. Citizenship and Immigration Services (USCIS), fails to fulfill its duties promptly and reasonably. Typically, the individual or organization filing the writ will have received very little information from USCIS about their case status or reasons for delays. As a result, the administrative agency responsible for inaction often results in family separation, delays of employment, and the distress of an unresolved immigration situation.

What Can a Writ Mandamus Action Do?

A mandamus lawsuit orders the USCIS to act where they have failed to act appropriately. However, a mandamus lawsuit cannot order the USCIS or any other administrative agency to rule in any particular way on your specific application. If the writ of mandamus is successful, once this litigation is filed, the USCIS will generally begin working to adjudicate your case, or a federal judge will order the USCIS to issue a decision on your case, which could potentially avoid further issues.

Can a Writ Mandamus Negatively Impact an Immigration Case?

Submitting a mandamus action cannot change the result of an immigration case, and the United States government cannot take revenge on someone for filing a writ of mandamus. Instead, this action aims to make the government act on a case that has become inactive but should have been dealt with already. Therefore, there is no downside to your case.

Which Immigration Cases Qualify for a Mandamus Action?

Things to consider before filing a writ of mandamus to compel an immigration agency to act on your case:

Do you have a definable right to the relief you are requesting?
Does the agency in question have a duty to perform that act you are requesting?
Have you exhausted all other administrative remedies available?

If any of the above applies, you may be able to file a mandamus action. This would compel the government agency handling your immigration matters to act.

Is Filing a Writ Mandamus the Only Way of Moving Inactive Immigration Cases Forward?

Mandamus action is not the only method to advance your case, but it should be considered last after depleting all other options. In various instances, contacting the immigration agency in charge of your pending case and threatening a mandamus action is enough to jumpstart movement. Most people do not enjoy being sued–not even government agencies! If you find yourself in Mandamus purgatory, Krewson Law may be able to help with pre-filing actions.

If you are considering filing a writ of mandamus to compel an immigration agency to act on your case, Krewson Law can help. Krewson Law has extensive experience and knows how to file the necessary paperwork and plead your case before a federal judge. Rachel Krewson understands the frustration of an inactive immigration case and will work diligently to have your case moving again.

Contact Krewson Law today for a consultation if you require help with any aspect of the U.S. immigration process. Rachel Krewson is here to help your family safely and legally into the United States.