There could be many of you who have had some bad luck with USCIS or a U.S. consulate, right? But there is no reply from the other end, and now you don’t know what to do next. Well, if you go to a lawyer, they’ll probably suggest that you file a Mandamus lawsuit, but in case you’re hearing about it for the very first time, you must have no idea how powerful a tool it really is. So let’s just get to know it a little better here without too much complex legal lingo, shall we?
What Exactly Is a Mandamus Lawsuit?
In the simplest words possible, see, a mandamus suit is a method of informing a federal judge, like this:
“The immigration office hasn’t done what they were supposed to, so please make them do it.”
And going a bit into the technical details here, see, it comes from a statute called 28 U.S.C. §1361, which has been in place for many years. No need to remember that, just one Google search and it’ll all be right in front of you. Anyway, going ahead with how it actually works or functions, see, this very statute right here actually is to authorize federal courts to command a government agency, such as USCIS or a U.S. consulate, to move forward with a long-delayed application. Plain and simple! So, it is a way to make the process even faster. That’s all!
And it is not like you are not petitioning the court to approve your visa. You are basically telling the court to say, like:
“Why don’t you decide already?”
That’s it! It’s the kindest and most formal way to go about it.
Why Do People File These Lawsuits in the First Place?
Alrighty, we talked about what it really is, now let’s talk about what are the scenarios or cases where people actually use Mandamus. Shall we? So, in the simplest sense, people usually file mandamus lawsuits when they feel cornered, most of the time. Plain and simple!
Like, it may be that their applications have been lying with the authorities for 1 to 2 years or even more, and no matter how many times they ask USCIS or the U.S. embassy, they never get a reply. This is when Mandamus is super helpful.
And just so you know, going a bit more into the technical side of things, there are cases where the hold-up is under a provision called 221(g), which is basically “administrative processing”.
That’s when the government essentially says, “We are still looking into it,” but in actuality, what should be months ends up being years.
Common examples include:
- Employment visas like H-1B, L-1, or O-1
- Green cards for family or investors (EB-1, EB-2, EB-5)
- Naturalization (N-400) or Adjustment of Status (I-485) applications that just never move
The point to be noted here is that, it isn’t that your case is bad or anything like that, nah, it is just stuck!
How Does the Lawsuit Actually Work Then?
Sure, with so much legal lingo right in front of you, you might think it is super complex, but in reality, it’s much simpler than that. How?
Here’s how it usually goes:
- You try different methods first. And just so you know, that includes sending letters or emails to USCIS, making phone calls, or even contacting your congressperson. You have to document your effort.
- Then, the next step is to retain an attorney and proceed with the lawsuit in a federal court. Ok?
- Later down the line, the government receives 60 days to reply. Typically, an Assistant U.S. Attorney (AUSA) contacts USCIS or the consulate to inquire about the status. It can even happen in just a matter of few days.
Talking about the average range, well, after going down this route, majority of people get some kind of movement within 3 to 6 months from the date of filing.
