Mandamus as a Way to Combat USCIS Delays

Aynur Baghirzade
Sep 23
5 min read

Waiting for the United States Citizenship and Immigration Services (USCIS) to process your application can be an overwhelming experience. Many applicants find themselves stuck in administrative limbo, facing delays that can stretch months—or even years—beyond the normal processing time. Whether you applied for a green card, naturalization, work permit, or asylum, long delays disrupt careers, families, and futures.

One powerful, yet often misunderstood, legal remedy to address such delays is the writ of mandamus. This legal action allows applicants to petition a federal court to compel USCIS to take action on their case. While mandamus cannot guarantee an approval, it forces USCIS to make a decision.

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At Accura Law, we have guided many clients through complex immigration delays, ensuring they understand their rights, options, and the risks involved in filing mandamus actions. This article explores how mandamus works, when to use it, and why professional legal support is critical in this process.

Understanding USCIS Delays

USCIS delays are a growing concern. The agency faces an enormous backlog caused by:

Staffing shortages
Policy changes
Security checks and background screenings
Incomplete applications or requests for additional evidence
COVID-19-related disruptions

For many immigrants, these delays create uncertainty. A pending case often means restrictions on travel, employment, and even family reunification. In some cases, lives remain on hold indefinitely.

What Is a Writ of Mandamus?

The writ of mandamus is a federal court order compelling a government agency, like USCIS, to perform a duty it is legally required to complete. In immigration law, this typically means asking the court to order USCIS to make a decision on an application that has been unreasonably delayed.

Key points to understand:

Mandamus does not order approval. It only requires USCIS to act—approve or deny.
It is a last resort, used when normal inquiries, service requests, or congressional assistance have failed.
Mandamus lawsuits fall under the Administrative Procedure Act (APA), which prohibits agencies from engaging in “unreasonable delay.”

When Should You Consider Mandamus?

Filing mandamus too early or without justification can backfire. Typically, it is considered when:

Your case is far beyond USCIS’s normal processing time.
You have exhausted other remedies, such as service requests or ombudsman inquiries.
You face serious hardship due to the delay (job loss, family separation, medical need).
USCIS has not provided meaningful updates for an extended period.

At Accura Law, we assess whether your delay qualifies as “unreasonable” and help build the strongest argument possible before filing.

Legal Framework for Mandamus

A mandamus action is filed in federal district court. To succeed, you must show:

USCIS has a clear duty to make a decision on your case.
You have a clear right to receive that decision within a reasonable time.
No other adequate remedy exists to resolve the delay.

The federal court then decides whether USCIS’s delay is unreasonable, balancing factors such as the nature of the benefit sought, the length of the delay, and the consequences for the applicant.

Benefits of Filing Mandamus

Forces Action: USCIS must finally take action on your case.
Judicial Oversight: A federal judge reviews whether USCIS has acted fairly.
Encourages Accountability: Filing sends a clear message that you will not accept endless waiting.
Resolves Limbo: Applicants receive closure—whether approval or denial—rather than living in uncertainty.

Risks of Filing Mandamus

While mandamus can be powerful, it comes with risks:

Denial Instead of Approval: Since mandamus compels a decision, USCIS could deny your application.
Government Pushback: The Department of Justice defends USCIS, and litigation can be complex.
Legal Costs: Federal litigation involves attorney fees and court costs.
Timing Uncertainty: Even after filing, resolution may take several months.

This is why consulting an experienced immigration attorney, like those at Accura Immigration Law, is essential before taking action.Alternatives Before Filing Mandamus

Before resorting to federal court, consider these steps:

Check USCIS processing times online.
Submit an online service request if your case is outside normal times.
Contact USCIS via phone or the live chat system.
Request congressional assistance from your local representative or senator.
Reach out to the USCIS Ombudsman for case assistance.

If these efforts fail, mandamus may be the right path.

How to File a Mandamus Action

Filing mandamus involves:

Case Review: Your attorney reviews your immigration file and evidence of delay.
Drafting the Complaint: A federal court complaint is prepared, citing laws and facts.
Filing in Federal Court: The lawsuit is filed in the appropriate jurisdiction.
Serving USCIS and DOJ: The complaint is formally delivered to government attorneys.
Government Response: The DOJ responds, often leading USCIS to act quickly.
Court Proceedings: If no resolution occurs, the case moves through litigation until a decision is reached.

At Accura Immigration Law, we streamline this process and aggressively advocate for our clients’ rights.

Case Examples of Mandamus Success

Many immigrants have successfully used mandamus to break free from USCIS backlogs. For example:

An applicant for naturalization waited over three years with no updates. After filing mandamus, USCIS scheduled the interview within two months.
A green card applicant stuck in administrative processing for security checks saw action within weeks of filing suit.
An asylum seeker finally received a decision after years of delay once federal court involvement began.

Each case is unique, but these examples demonstrate the power of judicial intervention.

Why Work With an Immigration Attorney?

Mandamus is not a do-it-yourself process. It requires deep knowledge of immigration law, litigation strategy, and federal court procedure.

An attorney can:

Evaluate whether your case qualifies for mandamus.
Prepare strong legal arguments backed by statutes and case law.
Protect you from unnecessary risks.
Handle communications with USCIS and the Department of Justice.

At Accura Immigration Law, we combine immigration expertise with litigation experience, ensuring that every mandamus filing is carefully planned and strategically executed.

Practical Tips for Applicants Considering Mandamus

Keep records of all USCIS notices, inquiries, and responses.
Document hardship caused by the delay (employment, family, health).
Consult early with a qualified attorney rather than waiting indefinitely.
Be realistic—mandamus speeds up action but does not guarantee approval.

Frequently Asked Questions

1. Can I file mandamus myself?Technically, yes, but it is highly risky. Federal litigation is complex, and errors can harm your case.

2. How long does mandamus take?Timelines vary. Some cases resolve within weeks, others take several months.

3. Will filing anger USCIS?While USCIS may not appreciate being sued, federal law protects your right to challenge unreasonable delays.

4. What cases are best suited for mandamus?Green card, naturalization, asylum, and work permit delays are common candidates.

5. Does mandamus always work?No. While many succeed, outcomes depend on case facts and court discretion.

Conclusion

USCIS delays are not just frustrating—they can derail lives and futures. The writ of mandamus is a powerful tool to combat unreasonable delays and demand accountability from immigration authorities. However, it is not without risks.

If you face long USCIS delays, the most important step you can take is consulting an experienced immigration attorney. At Accura Immigration Law, we understand the human impact of these delays and fight tirelessly to protect our clients’ rights.

By exploring all options, including mandamus, you can move closer to resolving your immigration journey with clarity and confidence.