What is the purpose of writ of mandamus?

The purpose of a writ of mandamus in immigration cases is to compel the U.S. Citizenship and Immigration Services (USCIS) or other immigration-related agencies to make a decision on a pending application, petition, or benefit request.

Why should I seek Mandamus?

A writ of mandamus may be sought in immigration cases for various reasons, such as unreasonable delays in the processing of applications, petitions that have been pending for an extended period, or arbitrary denials without proper legal basis.

Am I eligible to seek Mandamus?

Not all immigration matters are eligible for a writ of mandamus. It is typically used in cases where an applicant or petitioner has waited an unreasonably long time for a decision or where there has been a clear violation of legal obligations by the immigration agency.

What should I show to succeed?

To succeed in a mandamus action, the petitioner must typically show that the immigration agency has a clear and nondiscretionary duty to act, that there has been an unreasonable delay or an arbitrary denial, and that there are no other adequate remedies available.

What is the process?

Filing a writ of mandamus involves initiating a legal action in federal court. An experienced immigration attorney can assist with drafting the complaint and representing the petitioner in court.

What does it mean of the court grants the writ of mandamus?

If the court grants the writ of mandamus, it compels the immigration agency to make a decision on the pending application or take the requested action. The court may set a specific deadline for the agency to comply with the court's order.

Are there any alternatives?

Before pursuing a writ of mandamus, it's often advisable to explore other remedies or options, such as inquiring with the immigration agency, requesting case inquiries, and escalating the matter through established agency procedures.

How can Kananchuk Law Office help you in pursuing writ of mandamus?