Writ of Mandamus Lawsuits for Unreasonably Delayed Cases19 Jun 2023
Any individual seeking an immigration benefit may experience long processing times. Although lengthy processing times are not necessarily a cause for concern, there are situations in which an individual or an employer may feel the need to take additional action and file a writ of mandamus against the U.S. government to have the case adjudicated.
Writ of Mandamus Lawsuits to Compel Government Action
A writ of mandamus is a type of lawsuit used in a variety of situations to resolve delays caused by government entities, such as the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State. Generally, in the immigration context, the writ of mandamus is filed to compel the relevant immigration agency to make a decision on a delayed application or petition.
Mandamus Lawsuits Filed for a Variety of Case Types
A writ of mandamus may be an option for almost any immigration benefit sought. For instance, mandamus lawsuits can be used to contend with delays on an application for adjustment of status (form I-485), application for employment authorization (form I-765), and visa applications submitted at a U.S. consular post abroad.
No Need to Fear Retribution for Filing a Mandamus Lawsuit
Foreign nationals unfamiliar with the U.S. justice system may be worried that filing a mandamus lawsuit will incur governmental retribution. In reality, however, this is not a cause for concern. The federal courts impartially review and adjudicate such cases, ensuring that the government is held accountable for any unreasonable delays or violations of the law. Retribution by the government for exercising one’s legal rights is highly unlikely, especially given that mandamus lawsuits are routinely filed against U.S. immigration agencies.
Generally, an individual or an employer will file a writ of mandamus after exhausting other options to resolve an unreasonable delay in the adjudication of an application or petition. Individuals interested in discussing filing a writ of mandamus are encouraged to schedule a consultation with a Murthy Law Firm attorney.
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