As we head into 2024, the immigration system in the United States remains extremely overwhelmed. This includes applications and petitions pending with U.S. Citizenship and Immigration Services (“USCIS”), such as applications for asylum, adjustment of status, petitions for alien relatives, and others. Compounding this problem is the fact that it is very difficult to receive individualized feedback and responses from the agency. This is particularly troubling in cases where an application or petition has been pending for much longer than the regular processing times for the said application or petition. In short, applicants are often left with no insight into when, if ever, their application or petition will be decided.
However, there is a final option when all other options have been exhausted, and that is an action in federal court that is commonly called a “mandamus action.” Mandamus is a legal remedy that may be employed to compel a government agency, including those responsible for immigration matters, to perform a duty that they are obligated to fulfill. The term "mandamus" is derived from Latin and means "we command." A writ of mandamus is a court order that directs a public official or government agency to carry out a specific act that is required by law. In the context of immigration matters, individuals or entities may resort to mandamus actions when they believe that a government agency, such as the U.S. Citizenship and Immigration Services (USCIS), is unreasonably delaying a decision or failing to act on a petition or application. The mandamus action serves as a legal mechanism to prompt the agency to make a decision on the immigration matter in a timely manner.
Here are some key things you need to know about mandamus actions:
- Federal Court: mandamus actions must be filed in federal court. Filing and litigating a case in federal court can be complex, particularly as it relates to following the Federal Rules of Civil Procedure and the local rules of the court you are filing in. Not all immigration attorneys practice in federal court. Therefore, a knowledge of the substantive and procedural rules is very important. A strong mandamus action that is well crafted and persuasive will have a much better chance of pressuring and compelling a government agency such as USCIS to take your matter seriously.
- Timing the Filing of a Mandamus Action: it is not enough that your application or petition has been delayed. Mandamus is an extraordinary remedy that is most effective when used in connection with cases that are pending for much longer than other cases. It is important to know whether your case is one that is delayed like most other cases, or whether it is one that is truly unreasonably delayed and that would be a good candidate for mandamus. Consulting with experienced attorneys with experience with mandamus actions and government agencies like USCIS is important.
- Legal Duty: not all applications or petitions are eligible for a mandamus. Mandamus is only appropriate when there is a clear legal duty to act on the part of the agency, and the agency has unreasonably delayed or failed to perform that duty. Therefore, it is crucial to carefully consider whether your pending application or petition is the type that would be eligible for a mandamus action.
Our firm has handled hundreds of mandamus actions successfully. Mandamus can be a powerful tool to prompt government agencies to act, but it is important to note that its use is subject to legal standards, and success depends on the specific circumstances of each case. Individuals considering mandamus actions in immigration matters should seek legal advice to assess the viability and appropriateness of such a legal remedy in their particular situation. If you have questions about your application or petition, our attorneys are available to assist you and evaluate all your options, including mandamus.
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Onal Gallant Bayram&Amin PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and US Visa Processes. We provide reliable advice on topics like forming a corporation, buying a house in the US, trademark registration, and Green Card applications (e.g., EB3 Visa or DV Lottery). Our experienced lawyers are ready to help with exceptional knowledge and insight into immigration law.
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