"Mandamus" — Latin for "We Command"
I am a federal immigration attorney who compels U.S. government agencies to act. If USCIS has been sitting on your green card, citizenship, or visa application for over a year, a Writ of Mandamus may be the answer.
A Writ of Mandamus is a federal cause of action rooted in the American common law tradition and codified in statutes including 28 U.S.C. § 1361 and 8 U.S.C. § 1447(b). It is, at its core, a federal court order commanding a government official or agency to perform a mandatory, non-discretionary duty they have unlawfully refused or unreasonably delayed performing.
In the immigration context, this means filing a lawsuit in federal district court asking a judge to order USCIS — or the Department of State — to simply do their job: adjudicate the application sitting on their desk. Adjudicating an application is not discretionary. They must do it. The only question is when.
In my experience handling dozens of Mandamus petitions, I have found that filing a federal lawsuit tends to concentrate minds at USCIS very effectively. Many cases resolve within 45 to 90 days of filing — not because the government suddenly found extra resources, but because a pending federal lawsuit creates obligations and deadlines that USCIS cannot ignore.
Courts evaluate whether a delay is "unreasonable" using the six-factor TRAC test, established in Telecommunications Research & Action Center v. FCC, 750 F.2d 70 (D.C. Cir. 1984).
Each category below represents a real category of case I regularly handle. Click any card to read more about whether your specific situation qualifies.
Green card applications delayed beyond 14 months due to background check holds are strong candidates for Mandamus relief.
A non-citizen already in the United States may seek to adjust to lawful permanent resident status by filing Form I-485. When background check delays push these applications past 14 months with no movement, I regularly file Mandamus petitions to break the deadlock.
A particularly dangerous wrinkle arises when an immigrant category falls into retrogression after filing. Federal law requires the visa category to be current both at the time of filing and at adjudication — a delay could cost you your place in line.
Once USCIS conducts your naturalization interview, they have exactly 120 days to decide. After that, the federal courts can adjudicate the case directly.
N-400 naturalization applications get stuck for several reasons: extended FBI name checks, USCIS doubts about whether the applicant's underlying green card was properly obtained, or simple agency backlog. If your case has been pending more than 6–12 months post-interview without a decision, a Mandamus petition is well worth considering.
Mandamus is also appropriate when USCIS unreasonably delays adjudication of Form N-336, which is the appeal form following a denial of naturalization. I have handled both types.
I-130 petition processing times have worsened significantly. Families separated by USCIS inaction now routinely turn to Mandamus.
A U.S. citizen or lawful permanent resident files Form I-130 to establish a qualifying family relationship with a non-citizen relative. These petitions have seen dramatically increasing processing times in recent years. When an I-130 has been pending over a year with no updates — despite multiple service requests and congressional inquiries — and similar cases filed at the same time have already been processed, the delay is very likely unreasonable.
I have handled I-130 Mandamus petitions for spouses, parents, and minor children. Family separation is among the most compelling grounds for expedited relief.
Post-interview "administrative processing" that drags on for months or years is one of the most frustrating and least transparent forms of government delay.
Consular processing cases are technically harder to litigate because no statute prescribes a specific timeframe, and courts have historically been reluctant to direct consular officers. However, the TRAC factors still apply, and in cases where the delay runs to multiple years, courts have shown increasing willingness to order action.
I have handled consular processing Mandamus cases involving visa applicants stranded in "administrative processing" at U.S. embassies for over two years. If you have attended your interview and received no decision, contact me to evaluate whether your case has Mandamus potential.
N-600K eligibility ends at age 18 — permanently. If USCIS delays adjudication until your child ages out, the opportunity is lost forever.
The N-600K is filed by U.S. citizens residing abroad to naturalize their minor children and grandchildren. The hard deadline is the child's 18th birthday. As the Second Circuit held in Gulotti v. Holder, 486 F. App'x 219 (2d Cir. 2012), even a USCIS-caused delay that pushes adjudication past age 18 will not result in retroactive approval.
If your child is approaching 18 and USCIS has not agreed to expedite, a Mandamus petition may be the only way to force action in time. I treat these cases with the highest urgency.
K-1 visa delays at NVC, at the embassy, or in administrative processing trap couples in limbo — often without any explanation from the government.
I-129F petitions (K-1 fiancé visas) typically take 6–10 months, but delays compound at the National Visa Center and at the embassy. Common causes include security checks, missing documents, and high-fraud country designations for the beneficiary — none of which the government is required to disclose.
Courts generally require patience up to about 6 months post-approval, but delays beyond that — particularly when multiple inquiries have been ignored — can qualify as unreasonable. I have filed K-1 Mandamus petitions in cases where the government provided no explanation for delays extending past one year.
Unlike the vast majority of Mandamus attorneys, I operate a streamlined process that allows me to file most petitions within 10 calendar days of being retained. Here is what to expect:
I study your case in detail. Every Mandamus petition, while sharing a common legal framework, must be tailored to the specific facts of your application and the specific agency conduct at issue. I draft a compelling petition that puts the government on notice.
The petition is filed with the appropriate federal district court through PACER. The clerk reviews it for completeness, then issues Summons to the named government defendants — typically USCIS and its officers in their official capacities.
Service of process on government agencies is accomplished by certified mail. This step is technically straightforward but procedurally important — improper service can delay the case.
The government technically has 60 days to respond. In practice, USCIS often reaches out within 45 days to propose a consent order, or simply resumes processing the application within weeks of being served. The lawsuit does the work. My flat fee covers the entire process — I will not charge additional fees even if the government decides to litigate.
Cases involving charges of misrepresentation, criminal records, or other complicating factors are evaluated individually. I am proud to be among the very few attorneys who offer a genuine flat fee for Mandamus litigation.
In August 2017, I tried a federal criminal case to verdict — obtaining an unprecedented "not guilty" jury verdict on all felony counts in the first known click-fraud criminal trial in the United States. My client, Fabio Gasperini, faced up to 70 years in prison if convicted as charged on a complex cybercrime indictment.
This was not an immigration case. But it demonstrates something important: I do not get intimidated litigating against the U.S. government, and I perform under extreme pressure. The same relentlessness I brought to that trial is what I bring to every Mandamus petition.
For my full attorney profile — including corporate immigration, federal criminal defense, trademark litigation, and international probate — visit my main website.
bertollini.com →Every delayed immigration application is different. Reach out directly and I will evaluate whether Mandamus is appropriate — at no cost.
Attorney Advertising. Prior results do not guarantee a similar outcome. This website is for informational purposes only and does not constitute legal advice.