How to File a Writ of Mandamus for Immigration Delays
A step-by-step guide to pursuing legal action when your immigration case has been unreasonably delayed
If your immigration application has been stalled for months or even years without explanation, you’re not alone. Many applicants find themselves in limbo with no response from U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State. These delays can affect your ability to work, travel, reunite with family, or make long-term plans.
In cases of extreme delay, a writ of mandamus can help move things forward. This legal tool allows you to bring a lawsuit against the government in federal court to compel them to act on your case. While it doesn’t guarantee approval, it can prompt government agencies to take action.
What Is a Writ of Mandamus?
A writ of mandamus is a federal court order that forces a government agency to fulfill a legally required duty. In immigration cases, it’s used to get agencies like USCIS or the State Department to make a decision on a delayed application. It cannot force an agency to approve your application, but it mandates them to process it. This legal remedy is considered “extraordinary” and is typically used only after all other options to resolve the delay have failed. However, the use of mandamus lawsuits has become more common in recent years due to increased backlogs and processing slowdowns, particularly for applications that exceed expected wait times by several months or even years. In fact, more than 7,000 writ of mandamus lawsuits are filed each year against USCIS and the Department of State, reflecting a growing frustration with prolonged government inaction.
What it can do:
- Compel USCIS or the State Department to process your application
- Help you move forward after unreasonable delays
- Hold the agency accountable
What it cannot do:
- Help in cases where delays are reasonable or justified by missing documents
- Guarantee a favorable decision
- Change existing immigration laws
Why Is a Writ of Mandamus Important?
In today’s immigration landscape, many immigrants find themselves waiting months or even years for a decision on their case. Such delays can cause significant hardship, leaving families separated, jobs on hold, and futures uncertain. Filing a writ of mandamus can break the deadlock, compelling the government to act and providing a path forward when all other remedies have been exhausted.
Who Can File a Writ of Mandamus?
You may be eligible to file a writ of mandamus if:
- You have a pending immigration case (such as a green card, naturalization, or visa application)
- You’ve submitted all requested documents and met all requirements
- Your case is delayed well beyond published processing times
- Your case is delayed beyond policy, regulation, or legal-based timelines
- You’ve received no meaningful updates after making multiple inquiries
- You have explored all other options, such as submitting service requests, contacting USCIS, or seeking help from your congressional representative
- The delay is causing hardship, such as job loss, family separation, or inability to travel
Boundless Tip
In many cases, you can file a writ of mandamus after just six months of waiting, even if the government’s published processing times are much longer. For example, the average wait time for Form I-751 to remove conditions is currently 21.6 months, but you don’t have to wait that long to take legal action.
Requirements for Filing a Writ of Mandamus
To successfully file a writ of mandamus, you must show:
- Entitlement to a decision: You must demonstrate that you are legally entitled to have your immigration case reviewed and resolved. All properly filed immigration applications are entitled to an adjudication by the relevant government agency
- A clear responsibility to act: The agency is required by law to process the application
- Unreasonable delay: The delay is not justified by law or policy
- No other remedy has worked: You have tried all other options to resolve the delay, including submitting service requests, contacting USCIS, and seeking help from your congressional representative.
In addition, the lawsuit typically requires the following:
- A formal complaint that lays out the key details of the case, such as the type of immigration application submitted, when it was filed, how long it has been pending, and any efforts made to get a response.
- Legal claims — either by you or your attorney — asserting that the government agency has not acted within a reasonable timeframe, as required by the Administrative Procedure Act (APA) and other applicable laws.
- A plea for relief asking the court to compel the agency to review the application and issue a decision.
Cost of Filing a Writ of Mandamus
- Filing fee: The federal court filing fee is typically around $400-$500, depending on the district. Accepted payment methods vary by court and filing method; online systems typically take credit cards or e-checks, while in-person filings may allow checks, money orders, or cash. Check your district court’s website for details.
- Attorney fees: Legal fees can range from $2,000 to $10,000 or more, depending on the complexity of your case and your attorney’s rates. Some attorneys may offer payment plans or flat fees.
- Other costs: There may be additional costs for serving documents and obtaining certified copies of records.
How to File a Writ of Mandamus
- Consult an immigration attorney: Filing a writ of mandamus is a complex federal lawsuit. An experienced attorney can help you assess your eligibility and prepare your case.
- If hiring an attorney isn’t feasible, you may consider guided self-filing services like Pro Se Pro. These platforms provide templates, walkthroughs, and submission guidance, helping you avoid common errors without the cost of full legal representation.
- Gather documentation: Collect all evidence of your application, communications with USCIS, and attempts to resolve the delay.
- Prepare and file the lawsuit: Your attorney will draft the petition and file it in the appropriate U.S. District Court (not state court).
- Serve the government: The lawsuit must be formally served on the government agency and the U.S. Attorney’s Office.
- Wait for response: The government usually has 60 days to respond. They may process your application, negotiate, or contest the lawsuit.
- Court proceedings: If the government contests, the case may proceed to hearings and further legal steps.
Timeline for Filing a Writ of Mandamus
Most writ of mandamus cases are resolved within 3 to 6 months, though some may take longer, especially if the government contests the lawsuit or a hearing is required. If the case proceeds to a hearing, expect additional months of waiting.
Writ of Mandamus FAQs
No. The court can only order the agency to make a decision, not to approve your application.
Most commonly, mandamus is used for delays in green card, naturalization, and visa applications, but it can apply to any immigration benefit where there is a clear duty to act.
No, filing a lawsuit does not harm your case. The agency is required to process your application fairly, regardless of the lawsuit.
Yes, while many people hire attorneys for mandamus lawsuits, it is entirely possible to file without one. This approach is known as filing pro se (Latin for “on one’s own behalf”). There are tools that offer guided lawsuit kits specifically designed for immigration delays, helping individuals confidently take action when legal representation is unaffordable or unavailable. Either way, the process is complex, and mistakes can lead to delays or dismissal, so it’s wise to get guidance from a lawyer or another trusted source.
You may have the right to appeal, depending on the type of application and the reasons for denial.
You can file a writ of mandamus against the Department of State for unreasonable visa delays, but courts often defer to consular authority.
If your application is taking longer than the government’s targeted processing times, your case may be unreasonably delayed. Consider using services that track unreasonable wait times by application type.