How to Sue USCIS for Delays: Complete Mandamus Guide
Federal court litigation to compel USCIS action on pending applications
Introduction
Waiting for USCIS to process your immigration application is frustrating. When months turn into years with no decision, you may wonder what options you have. The answer: you can sue USCIS in federal court.
A mandamus lawsuit asks a federal judge to order USCIS to act on your pending application. This guide explains when you can sue, how the process works, and what to expect.
What is Mandamus?
Mandamus is a court order compelling a government official to perform a duty they are legally required to perform. In the immigration context, mandamus lawsuits seek to compel USCIS to adjudicate applications that have been pending for unreasonably long periods.
Legal basis:
Mandamus Act (28 U.S.C. § 1361)
Administrative Procedure Act (5 U.S.C. § 555(b) - "within a reasonable time")
APA judicial review provisions (5 U.S.C. § 706)
The APA requires agencies to conclude matters "within a reasonable time." When USCIS fails to do so, federal courts can intervene.
When Can You Sue USCIS?
The "Unreasonable Delay" Standard
There's no bright-line rule for when delay becomes actionable. Courts evaluate reasonableness based on several factors, including:
Published processing times: If USCIS's own published processing times have been exceeded, that supports a finding of unreasonable delay
Nature of the application: Some applications are inherently more complex
Explanation for delay: USCIS may have legitimate reasons (background checks, RFE responses)
Impact on applicant: Harm from continued delay
General Guidelines
Likely actionable delays:
I-485 pending 2+ years outside normal processing times
N-400 pending 1+ year after interview
EAD/AP renewal pending past expiration of prior document
Any application far exceeding published processing times
Potentially premature:
Application within normal processing times
Recent submission of RFE response (USCIS needs time to review)
Background check pending for reasonable period
The TRAC Factors
Courts often apply the TRAC factors (from Telecommunications Research & Action Center v. FCC) to evaluate unreasonable delay claims:
Time agencies take to make decisions must be governed by "rule of reason"
Where Congress provides a timetable, that governs
Delays harming human health and welfare are less tolerable
Effect of expediting on agency activities of higher priority
Nature and extent of interests prejudiced by delay
Agency need not act in order received if reasons support departure
Types of Delayed Applications
Adjustment of Status (I-485)
I-485 applications for green cards commonly face delays:
Background check delays
Visa availability backlogs
Interview scheduling delays
Post-interview adjudication delays
When to consider mandamus: If your I-485 has been pending significantly longer than published processing times with no explanation, mandamus may be appropriate.
Naturalization (N-400)
Naturalization applicants have a specific statutory remedy:
8 U.S.C. § 1447(b) allows federal court jurisdiction if USCIS fails to decide within 120 days after examination
Court can either decide the application or remand with instructions
Advantage: Clear statutory trigger (120 days post-exam) provides strong basis for suit.
Employment Authorization Documents (EAD)
EAD delays cause immediate harm:
Work authorization expires
Employment terminated
Financial hardship
Urgency: EAD delays are particularly compelling for mandamus because of concrete, ongoing harm.
Advance Parole (AP)
Travel document delays prevent:
International travel
Family emergencies
Business needs
I-130 Family Petitions
Delays in family petition adjudication affect:
Visa availability
Derivative beneficiaries
Family separation
I-140 Employment Petitions
Employment-based immigration delays impact:
Priority dates
Job portability
Career advancement
The Federal Court Process
Step 1: Evaluate Your Case
Before filing, assess:
How long has the application been pending?
What are published processing times?
Have you received any RFEs or interview notices?
What harm is the delay causing?
Have you tried expedite requests through USCIS?
Step 2: Choose Your Venue
USCIS mandamus lawsuits can be filed in:
District where you reside: Convenient for you
District of Columbia: All federal agencies have presence; favorable case law
DC District Court is often preferred because:
Judges experienced with agency litigation
Favorable precedents
No requirement to sue individual USCIS officials
Step 3: Prepare the Complaint
The complaint must:
Identify the pending application(s)
State how long application has been pending
Allege unreasonable delay
Request court order compelling adjudication
Name appropriate defendants (USCIS Director, DHS Secretary, Attorney General if applicable)
Step 4: File the Lawsuit
Filing requirements:
Civil cover sheet
Complaint
Summons for each defendant
Filing fee ($405 as of 2026) or fee waiver motion
Step 5: Serve the Government
The government must be served through:
U.S. Attorney's Office for the district
Attorney General (civil process clerk)
USCIS (appropriate official)
Service requirements are specific; improper service can result in dismissal.
Step 6: Government Response
The government has 60 days to respond (longer than standard civil cases). Responses typically include:
Motion to dismiss (arguing delay is not unreasonable)
Answer (if motion to dismiss not filed)
In some cases, adjudication of the application
What Often Happens
Common outcomes:
USCIS adjudicates before government response deadline: Filing suit often prompts action
Government files motion to dismiss: Court evaluates unreasonable delay claim
Settlement/Stipulation: Parties agree to timeline for adjudication
Court orders adjudication: If delay found unreasonable
What Mandamus Cannot Do
Limitations
Mandamus can compel USCIS to decide your application. It cannot:
Guarantee approval
Dictate the outcome
Override legitimate denials
Skip required procedures
If USCIS denies your application after mandamus, you would need to challenge the denial separately (through administrative appeal or APA litigation).
Discretionary Decisions
Mandamus is stronger for non-discretionary duties. Where USCIS has broad discretion (certain waivers, for example), courts may be more hesitant to intervene.
Success Factors
Factors That Strengthen Your Case
Significantly exceeds processing times: The further outside normal processing, the stronger
No pending issues: No outstanding RFEs or background checks
Concrete harm: Job loss, family separation, expiring status
Prior efforts: You've tried expedite requests and Congressional inquiries
Clean record: No criminal issues or prior immigration violations
Factors That Weaken Your Case
Within normal processing times: Hard to argue unreasonable delay
Pending background check: Courts often defer to security reviews
Recent RFE response: USCIS needs time to review
Complex case: Multiple issues requiring additional review
Filed prematurely: Before delay became clearly unreasonable
Cost and Timeline
Legal Fees
Attorney fees for mandamus lawsuits vary:
Flat fee arrangements: Common for straightforward mandamus
Hourly billing: For complex cases or if litigation is contested
Typical range: $3,000-$10,000+ depending on complexity and whether the case settles quickly or requires full litigation.
Court Fees
Filing fee: $405
Service costs: Varies
Timeline
Typical timeline:
Filing to service: 1-2 weeks
Government response deadline: 60 days after service
If motion to dismiss filed: Several months for briefing and decision
If case settles: Often within 2-4 months of filing
Quick resolution: Many cases resolve within 60-90 days when USCIS adjudicates after lawsuit is filed.
Frequently Asked Questions
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There's no fixed rule. Generally, if your application has been pending significantly longer than published processing times (often 1-2+ years beyond), mandamus may be appropriate. The key is demonstrating that the delay is "unreasonable."
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No. USCIS cannot retaliate against you for filing a lawsuit. The lawsuit simply asks for a decision—it doesn't influence the merits of your application.
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You can challenge the denial separately. Mandamus only compels a decision; it doesn't guarantee the outcome. If denied, you may have administrative appeal rights or grounds for APA litigation.
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Technically yes (pro se), but federal litigation is complex. Pro se litigants often struggle with procedural requirements, service rules, and legal briefing. Hiring experienced counsel significantly increases chances of success.
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Yes, generally. Document your efforts to resolve delay without litigation. However, expedite requests rarely succeed, and waiting for denial can add more delay.
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Consular decisions are generally unreviewable (doctrine of consular nonreviewability). Mandamus is most effective for USCIS decisions, not consular processing.
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Possibly. The Equal Access to Justice Act (EAJA) allows fee recovery against the government in certain circumstances if you substantially prevail and the government's position was not substantially justified.
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Typical defendants include USCIS Director, DHS Secretary, and the Attorney General (for certain applications). Naming individual field office directors may also be appropriate.
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Background checks are handled by FBI, not USCIS. Courts often give agencies more latitude when security checks are pending. However, if background checks take years with no explanation, that may still constitute unreasonable delay.
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DC has favorable case law and judges experienced with immigration mandamus. However, your local district may be more convenient. Both are valid options.
When to Contact an Attorney
Consider consulting an immigration litigation attorney if:
Your application has been pending far longer than processing times
You've tried expedite requests without success
You're suffering concrete harm from the delay
Your EAD is expiring without renewal
USCIS has not scheduled an interview despite long wait
You've completed your interview but received no decision
Get Help With Your Mandamus Case
DC Federal Litigation Counsel represents clients in USCIS mandamus lawsuits filed in DC District Court.
We handle mandamus for:
I-485 adjustment of status delays
N-400 naturalization delays
EAD and Advance Parole delays
I-130 and I-140 petition delays
Other unreasonably delayed applications
Contact:
Phone: 956-224-9372
