USCIS Mandamus Lawsuits

Force USCIS to Decide Your Case

Federal court litigation to compel USCIS to adjudicate unreasonably delayed immigration applications

Is Your Immigration Case Stuck?

You filed your application months or even years ago. You've called the USCIS contact center, submitted service requests, contacted your congressional representative, and done everything you were told to do.

And still nothing.

Your case sits in administrative limbo while your career stalls, your family waits, and your future remains uncertain.

You have a legal remedy: a mandamus lawsuit.

Filing a federal court lawsuit against USCIS can break the logjam and force a decision on your long-delayed application. DC Federal Litigation PLLC files mandamus actions in federal district court to compel USCIS to fulfill its legal duty to adjudicate your case.

What is a Mandamus Lawsuit?

A writ of mandamus is a court order compelling a government official or agency to perform a duty they are legally required to perform. In the immigration context, USCIS has a legal duty to adjudicate applications within a reasonable time. When they fail to do so, federal courts can order them to act.

The legal basis for immigration mandamus lawsuits:

  • Mandamus Act (28 U.S.C. § 1361): Grants federal district courts jurisdiction to compel an officer or agency of the United States to perform a duty owed to the plaintiff

  • Administrative Procedure Act (5 U.S.C. § 706): Requires courts to compel agency action "unlawfully withheld or unreasonably delayed"

  • Declaratory Judgment Act (28 U.S.C. § 2201): Allows courts to declare the rights of parties, including that delay is unreasonable

When USCIS sits on your application indefinitely, you can ask a federal judge to order them to make a decision.

When Should You File a Mandamus Lawsuit?

The "Unreasonable Delay" Standard

Courts apply a multi-factor test to determine whether agency delay is unreasonable. The most common framework is the TRAC factors (from Telecommunications Research & Action Center v. FCC):

  1. The time agencies take to make decisions must be governed by a rule of reason

  2. Where Congress has provided a timetable or other indication of speed, that statutory scheme must be followed

  3. Delays that might be reasonable in the sphere of economic regulation are less tolerable when human health and welfare are at stake

  4. The court should consider the effect of expediting delayed action on agency activities of a higher or competing priority

  5. The court should also take into account the nature and extent of the interests prejudiced by delay

  6. The court need not find any impropriety lurking behind agency lassitude in order to hold that agency action is unreasonably delayed

How Long Should You Wait?

There is no bright-line rule for when delay becomes unreasonable. Courts consider the totality of circumstances. However, general guidance:

Cases often successful after:

  • 2+ years for adjustment of status (I-485)

  • 18+ months for naturalization applications

  • 6+ months for EAD renewals

  • 12+ months for I-130 petitions

  • Extended delays beyond published processing times

Factors that strengthen your case:

  • Processing time far exceeds published averages

  • You've exhausted administrative remedies (ombudsman, service requests, congressional inquiries)

  • USCIS has no explanation for the delay

  • The delay causes significant hardship (job loss, separation from family, inability to travel)

  • Administrative background checks are complete

  • Your case has no red flags

Factors that may complicate your case:

  • Processing time is within published ranges

  • Pending background check

  • Request for Evidence (RFE) pending response

  • Security or fraud concerns under investigation

Types of Delayed Cases We Handle

Adjustment of Status (I-485)

Applicants waiting for green cards through family-based, employment-based, or other adjustment categories. Delays often occur due to:

✓ Background check delays

✓ FBI name check delays

✓ Visa availability

✓ Interview scheduling backlogs

Naturalization (N-400)

U.S. citizenship applicants who have passed their interview but await a decision, or who cannot get an interview scheduled. Under 8 U.S.C. § 1447(b), you have explicit rights to judicial review if USCIS fails to make a determination within 120 days of your examination.

Employment Authorization Documents (EAD)

Work permit applicants and renewal applicants facing processing delays that threaten employment. Particular urgency exists for:

✓ Expiring EADs with no renewal decision

✓ Applicants unable to work due to processing delays

✓ Combo card (EAD/AP) applications

Advance Parole (I-131)

Travel document applicants who cannot travel due to processing delays, risking:

✓ Family emergencies abroad

✓ Business travel requirements

✓ Educational opportunities

Family-Based Petitions (I-130)

Petitioners waiting for approval of family-based immigration petitions, experiencing extended separation from family members.

Employment-Based Petitions

Employers and employees waiting for I-140 or other employment-based petition adjudication.

Other Delayed Applications

✓ Asylum applications (I-589)

✓ VAWA self-petitions

✓ T and U visa applications

✓ TPS applications

✓ Deferred action requests

Why File in DC District Court?

Venue Advantages

While you can file a mandamus lawsuit in any federal district court with jurisdiction, the U.S. District Court for the District of Columbia offers strategic advantages:

Favorable Precedent DC courts have extensive experience with immigration mandamus cases and have developed applicant-friendly precedent on unreasonable delay claims.

Access to Decision Makers USCIS headquarters is located in the DC metropolitan area. Litigation in DC keeps pressure close to agency leadership.

Experienced Judiciary DC federal judges regularly handle government agency litigation and understand the dynamics of compelling agency action.

Defendant Convenience is Not Your Problem The government cannot claim inconvenience when sued in the district where it is headquartered.

Nationwide Jurisdiction

You do not have to live in DC to file in DC District Court. If USCIS headquarters has decision-making authority over your application, venue in DC is proper.

The Mandamus Lawsuit Process

Step 1:

Case Evaluation

We review your immigration history, current application status, and delay timeline to assess:

  • Whether delay meets the "unreasonable" standard

  • Your likelihood of success

  • Potential defenses USCIS may raise

  • Expected timeline and costs

Step 2:

Exhaustion of Administrative Remedies

Before filing, we ensure you have documented efforts to resolve the delay administratively:

  • USCIS service requests

  • Case inquiry submissions

  • Congressional inquiries

  • Ombudsman requests (where applicable)

Courts expect you to have tried administrative channels first.

Step 3:

Complaint Preparation

We draft a federal complaint alleging:

  • Jurisdiction and venue

  • Facts of your immigration application and delay

  • Legal claims under the Mandamus Act and APA

  • Request for relief (order compelling adjudication)

Step 4:

Filing and Service

We file the complaint in federal district court and arrange service on:

  • The Attorney General

  • The USCIS Director

  • The USCIS Service Center Director (if applicable)

  • The U.S. Attorney's Office

Step 5:

Government Response

The government typically has 60 days to respond. Common responses include:

  • Motion to dismiss: Arguing the delay is not unreasonable or the court lacks jurisdiction

  • Answer: Admitting or denying allegations

  • Notice of adjudication: USCIS decides the case, often mooting the lawsuit

Step 6:

Resolution

Most mandamus cases resolve through one of three paths:

USCIS Decides the Case After being sued, USCIS often adjudicates the application (approval or denial), rendering the lawsuit moot. This is a "win" because you got a decision.

Settlement The government agrees to adjudicate within a specified timeframe in exchange for dismissal.

Court Order If the case proceeds, the court may order USCIS to adjudicate by a date certain.

What Happens After Filing?

The "Lawsuit Effect"

Case Evaluation

A well-documented phenomenon: USCIS frequently adjudicates cases shortly after lawsuits are filed. Agency attorneys must respond to litigation, which often prompts case review.

Important: A mandamus lawsuit does not guarantee approval—it compels a decision. USCIS may approve, deny, or issue a Request for Evidence. However, any decision is better than indefinite limbo.

If Your Case is Approved

The lawsuit is dismissed as moot. You have your approval. In some cases, you may recover attorney's fees under the Equal Access to Justice Act (EAJA).

If Your Case is Denied

A denial after mandamus gives you appeal rights you did not have while waiting. You can now challenge the denial through administrative appeals or additional federal court litigation.

If the Government Fights

If USCIS contests the lawsuit rather than deciding your case, litigation proceeds through:

  • Motions practice

  • Possible discovery

  • Briefing

  • Court decision

Courts may order USCIS to decide within a specific timeframe.

Mandamus vs. APA Claims

Many immigration mandamus lawsuits include both mandamus claims and Administrative Procedure Act (APA) claims.

Aspect Mandamus (28 U.S.C. § 1361) APA (5 U.S.C. § 706)
Standard Duty owed, failure to perform Action "unreasonably delayed"
Scope Ministerial duties Any agency action
Remedy Order to perform duty Compel action or set aside
Discretion Court discretion to issue writ Shall compel when unlawfully withheld

Filing under both theories provides maximum flexibility and legal protection.

Timeline and Costs

Expected Timeline

Phase Duration
Case evaluation and preparation 1-2 weeks
Filing complaint 1 day
Service on government 1-2 weeks
Government response deadline 60 days
Resolution (if USCIS decides) Often within 60-90 days of filing
Full litigation (if contested) 6-12+ months

Many cases resolve within 90 days of filing when USCIS chooses to adjudicate rather than litigate.

Cost Considerations

Our Fees

  • Mandamus lawsuit filing and litigation: Starting at $5,000

  • Consultation: $250 (credited toward filing fee if retained)

Court Costs

  • Federal court filing fee: $405

  • Service costs: Variable

Fee Recovery Under EAJA, you may recover attorney's fees if you substantially prevail and the government's position was not substantially justified.

Frequently Asked Questions

Timing Questions

  • There's no fixed waiting period, but courts generally expect significant delay beyond normal processing times. Cases pending 18-24+ months with no apparent reason are often strong candidates.

  • Cases within published processing times are harder to win but not impossible, especially if your case has unique hardship factors or USCIS has no valid reason for delay.

  • There is no evidence that filing a mandamus lawsuit increases denial rates. USCIS must adjudicate cases based on merits, not litigation status. Courts would not look favorably on retaliatory denials.

Process Questions

  • No. You can file in DC if USCIS headquarters has authority over your application. You can also file in the district where you reside or where your application is pending.

  • We need your immigration application receipts, evidence of filing dates, records of administrative inquiries (service requests, congressional letters), and information about your specific circumstances and hardship.

  • Technically yes, but immigration mandamus lawsuits involve complex federal procedure and immigration law. Most pro se litigants face significant challenges.

Outcome Questions

  • Great news—you got what you wanted. The lawsuit is dismissed as moot. You may seek attorney's fees if eligible.

  • A denial gives you appeal rights. You can challenge the denial through administrative appeals or return to federal court challenging the denial as arbitrary and capricious.

  • No. Mandamus compels a decision, not a specific outcome. USCIS may approve, deny, or issue an RFE.

  • Possibly. Under EAJA, if you substantially prevail and the government's position was not substantially justified, you may recover attorney's fees.

Case-Specific Questions

  • Under 8 U.S.C. § 1447(b), you have a specific statutory right to judicial review. The court can either determine your naturalization application itself or remand to USCIS with instructions to decide within 30 days.

  • Pending background checks complicate mandamus cases but don't prevent them. Courts have held that background checks cannot justify indefinite delay. We evaluate whether your specific delay is unreasonable.

  • Yes, if the new application has been pending unreasonably long. Prior denials don't affect your right to timely adjudication of current applications.

Take Action on Your Delayed Case

If USCIS has left your immigration application in limbo, you have legal options. A mandamus lawsuit can force the decision you deserve.

Contact us if:

  • Your application has been pending 18+ months

  • You've exhausted administrative remedies

  • USCIS has no explanation for delay

  • The delay is causing significant hardship

Contact:

Schedule Mandamus Consultation

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