Delay lawsuit
(“writ of mandamus”)

/ Immigration overview

A writ of mandamus is a legal remedy that can be used in the context of U.S. immigration law to compel a government agency to perform a certain act or duty that it is legally obligated to perform but has refused to do so. It is a means of seeking judicial intervention to force an immigration agency to make a decision, take action, or process an immigration application when there has been an unreasonable delay or an arbitrary denial of a benefit.


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?

A writ of mandamus should not be pursued lightly and is typically considered the last resort in immigration cases. Our experienced attorney will evaluate your specific situation, advise on the appropriateness of seeking mandamus relief, and guide you through the legal process if it is deemed the most suitable course of action.

Schedule your consultation today with our experienced attorney to discuss your specific situation.

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