Writ of Mandamus

A Writ of Mandamus is a federal cause of action originating from the American common law system and codified in various statutes, including 28 U.S.C. § 1361 and 8 U.S.C. § 1447(b). The word “mandamus” comes from Latin and means “we command”. It originally referred to an order issued by a court to compel a lower court or government official to perform a specific, mandatory, non-discretionary duty.

In a Mandamus lawsuit, the petitioner asks a court to order a federal official or federal agency (such as the U.S. Citizenship and Immigration Services, or “USCIS”) to perform a mandatory, non-discretionary act.

If you have a Green Card or U.S. citizenship application that has pending with USCIS for quite some time, you are probably looking for more information about processing times and USCIS processing delays in general. If so, this is the right page for you.

Mandamus lawsuits are commonly used in the immigration context, where USCIS keeps an application of petition pending for an unreasonable time. In some cases, a Mandamus petition is the only way to prevent USCIS from keeping a case under review for an indefinite time.

I am an immigration attorney licensed in the States of New York, New Jersey, Missouri, and Texas. I am also admitted to practice to the U.S. District Courts of Connecticut, Washington, D.C. and the Southern District of Texas. You can find my full attorney profile here.

In the past 10 years, I have litigated countless immigration-related cases in federal court, appealing arbitrary and capricious USCIS decisions in District Courts, and filing petitions for a Writ of Mandamus.

Which are the most frequently delayed immigration cases?

A Writ of Mandamus can be used in any petition of application for which premium processing is not offered by USCIS. This is a short list of the delayed immigration cases that I most frequently handle for my clients

I-485 adjustment of status

A non-citizen who is already in the United States may seek to adjust his immigration status to that of a lawful permanent resident, without leaving the country. To do so, the non-citizen must file a Form I-485, Application to Register Permanent Residence or Adjust Status (Form I-485), with USCIS.

Applications for adjustment of status, whether family-based or employment based, are generally delayed for issues related to background checks. I-485 applications that have been pending for over 14 months are generally good candidates for a petition for a Writ of Mandamus.

N-400 Naturalization applications

A lawful permanent resident may seek to become a naturalized citizen by filling out an Application for Naturalization, otherwise known as an N-400. To be eligible for naturalization, an applicant must establish two things: First, that they have “resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years . . . immediately preceding the date of filing the application;” and, second, that they are “a person of good moral character.”

Certain naturalization applications are delayed for extended backgrounds checks, or because USCIS believes that the applicant should not have received his or her Green Card in the first place.

I-130 Petitions

A United States citizen seeking to bring a non-citizen spouse to reside lawfully in the United States must file an I-130 petition on the spouse’s behalf requesting that USCIS formally recognize the relationship and classify the non-citizen spouse as an immediate relative.

Some I-130 petitions are unreasonably delayed by USCIS, causing separation of families.

Consular processing

Some immigrant Visa applicants must wait years, or even a decade or longer, before attending a Visa interview.

After a Visa interview, some applicants get placed into “administrative processing” for an indefinite amount of time while the Department of State supposedly “investigates” them.

N-600K Naturalization applications

The N-600K is an application for naturalization designed for minor children and grandchildren of U.S. citizens born abroad that did not acquire U.S. citizenship at birth.

Children and grandchildren of U.S. citizens residing abroad can apply for naturalization until they are still under 18 years of age. An extended USCIS delay can prevent them from becoming U.S. citizens.

How much does a Writ of Mandamus lawsuit cost?

I am proud to say that I am one of the very few lawyers that offer a reasonable flat fee to file a Mandamus petition. I generally charge a flat fee of $5,000 plus $500 in costs (court’s filing fee and service of process) for a Mandamus petition where the underlying application or petition is not affected by special problems, such as charges of misrepresentation or criminal records. My fee includes everything start to finish. I will not charge you any extra fee even if the government decides to litigate the case.