Timeline of a Writ of Mandamus case

A Writ of Mandamus petition is not just an administrative process like those filed with USCIS. Rather, it is essentially a federal lawsuit filed against USCIS and its officers in their official capacities.
I am proud to say that, unlike many other Mandamus lawyers, I offer a time-efficient, streamlined process that allows me to file most Mandamus petitions within 10 calendar days of being retained. 

Step 1 (day 1 to 5-7): Drafting the Mandamus petition

While many cases are similar in nature, each little detail makes a case unique. I take the time to study each client’s case to draft a compelling Mandamus petition.

Step 2 (day 5-7 to 10): Filing the Mandamus petition

The Mandamus petition must be filed with the appropriate federal district court through PACER. After the case is filed, it must be reviewed by the clerk of the court for quality control (review of any deficiencies or missing items). After the case is reviewed and approved for filing, the clerk issues Summons to the named government defendants (USCIS and its officers).

Step 3 (day 10 to day 15-20): Serving the Mandamus petition

After the case is filed and summons are issued, the named government defendants must be served process. Service of process on government agencies and officers is done by certified mail. 

Step 4 (day 20 to day 80): Waiting for USCIS to respond to the Mandamus petition

In any federal lawsuit, a defendant is allowed 21 days to respond. However, when the defendant is a government agency or government defendant sued in his or her own capacity, the time to respond is 60 days. Often, the government does not wait the full 60-day period to respond to a Mandamus petition. Often, after roughly 45 days of filing, the government reaches out to propose a consent order to adjudicate the case. Sometimes, the USCIS resumes processing the application or petition a couple of weeks after being served the Mandamus petition.