Writ of Mandamus for Immigration Delays
Ending Unreasonable Delay in Federal Immigration Matters
File a Writ of Mandamus
We file the Writ of Mandamus in a federal court to compel the government to make a decision on your case. The government must respond to or adjudicate your case.
- Federal court litigation
- Compels government action
- Serving nationwide
You've tried everything. Nothing has worked.
Called the 1-800 number
You got the same generic response: your case is being processed.
Sent service requests
You received automated replies with no real updates or timelines.
Filed inquiries
Weeks went by with no movement. Your case remains stuck.
Your application is a request for a statutory determination. A Writ of Mandamus seeks judicial oversight of administrative inaction.
When US Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), or the Asylum Office fail to act, the law provides a way to break the silence.
We utilize the Administrative Procedure Act (APA) to hold the government accountable when their delay becomes unreasonable.
We move your application from a pending pile to an officer’s desk for immediate adjudication.
Time-sensitive: Pending asylum cases and removal proceedings
Recent USCIS policy changes have resulted in pending asylum applicants being placed into removal proceedings. If your asylum application has been pending for four years or more, a Writ of Mandamus may compel the USCIS to make a decision before you are placed in removal proceedings, preserving your Mandamus eligibility.
Critical deadline:
Once removal proceedings have commenced, Mandamus relief is no longer available for your asylum application. This makes early legal action essential to preserve your options and prevent placement in removal proceedings.
How the Writ of Mandamus works
We have a proven legal strategy to break the gridlock and compel action on your delayed immigration case.
Review case
We review your case details to confirm your delay is legally unreasonable under the Administrative Procedure Act.
File in federal court
We file the Writ of Mandamus in a US District Court, naming the USCIS and the relevant government agencies as defendants.
Government responds
Once the Writ is served, the government has 60 days to respond. It must either adjudicate your case or justify the delay in court.
Decision made
In most cases, the USCIS approves or provides a substantive update rather than defends its inaction in federal court.
The difference is dramatic
Indefinite waiting
- Year 1 Your case is being processed.
- Year 2 You’re still waiting, no updates.
- Year 3+ There’s no end in sight.
Mandated timeline
- Day 1-7 We file the Writ in a federal court.
- Day 30 The government is served the Writ.
- 3–6 months The government responds or arranges a court hearing.
Are you eligible?
You may be eligible if:
- Your case has been pending for over 12 months, Especially if it's beyond the USCIS's published processing times.
- You've filed inquiries with no substantive response. Generic responses don't count as progress.
- Your case type is N-400, I-485, I-130, NVC, Asylum, or similar. Different case types have specific eligibility timelines.
- The delay is causing real harm. It has resulted in job loss, family separation, inability to travel, etc.
N-400 citizenship
Eligible 120 days after the interview
NVC cases
1+ year waiting before or after the interview
Asylum applications
4+ years pending (before removal)
Note: Not every delay qualifies. We'll conduct a free case evaluation to determine if your situation meets the legal threshold for a Writ of Mandamus.
Get your free case evaluation
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Frequently asked questions
What is a Writ of Mandamus?
Will filing a Writ of Mandamus hurt my case?
How much does filing a Writ of Mandamus cost?
What is the success rate?
The vast majority of Mandamus cases result in the government taking action on the case rather than defending the delay in court. Our firm has successfully compelled decisions in hundreds of cases nationwide. Note that a successful Mandamus case results in a timely decision, but does not guarantee an approval.
How long does the process take?
Will the government retaliate against me for filing a Writ of Mandamus?
Stop checking the portal. Take federal court action.
Your case has been delayed long enough.
File a Mandamus and compel a decision.
Or call us directly: 415-660-9902