Can A Writ of Mandamus Expedite Your Immigration Case?

Have you or a loved one suffered unreasonable immigration delays caused by U.S.
Citizenship and Immigration Services (USCIS) failure to make a timely decision on your
case?

If you have an immigration case that has been pending for over a year and you’re tired
of waiting, you should consult an Atlanta immigration lawyer about filing a Writ of
Mandamus to force immigration to make a decision. Under the Administrative
Procedures Act (5 U.S.C. §500 et seq, the “APA”), individuals can file a type of lawsuit
or legal complaint in federal court against USCIS to force or mandate an immigration
decision.

It’s important to note that a Writ of Mandamus does not guarantee visa approval. It only
helps to ensure that USCIS decides on your immigration case in a “reasonable amount
of time.”

In the video below, Elizabeth L.A. Garvish, the Founder and Managing Member of
Garvish Immigration Law Group, LLC, discusses recent client cases involving a Writ of
Mandamus.

You should consider filing a Writ of Mandamus if USCIS fails to make a decision on
your immigration case in a reasonable time or an unlawful withholding of action occurs.
Generally, you must meet the following requirements when filing a petition with federal
courts:

● You must have an immigration case pending
● You have a clear right to relief
● USCIS has a clear duty to perform the action you’ve requested
● There are no other lawful remedies available

Filing a Writ of Mandamus to combat immigration delays can be complicated. If your
case is taking much longer than it should, it’s in your best interest to consult with an
Atlanta immigration lawyer about your case as soon as possible.

If you’ve waited an unreasonable amount of time for USCIS to make a decision on your immigration case, you have the right to relief. Generally, individuals who suffer excessive waits for any USCIS action can benefit from filing.

Filing a Writ of Mandamus can be particularly beneficial for someone experiencing abnormal delays for employment based or family based immigration cases including naturalization, permanent residence, adjustment of status for green cards. For example:

● Naturalization (N-400)
If you’re applying for citizenship and have passed all the necessary tests (i.e., civics and English), then USCIS must decide on your case within 120 days of the date of your interview.
● Permanent Residence or Adjustment of Status (I-485)
Generally, federal courts consider delays lasting more than two years after submitting Form I-485 unreasonable.

It’s essential to note that an issued Writ of Mandamus only guarantees that USCIS will take action on your case. However, it does not guarantee a specific or favorable outcome.

Do you have questions about filing a Writ of Mandamus and immigration delays with
USCIS? Don’t continue letting the months and years pile up while you and your family
anxiously wait for USCIS to decide on your case. We can help. Our Atlanta immigration
lawyers are skilled, experienced and dedicated to fighting for the best possible outcome
for your case in the fastest amount of time.

Contact us today to schedule your initial consultation with a proven immigration lawyer in
Atlanta. Call us at 1.800.951.4980 to discuss how we can help you achieve
your business immigration goals.

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