You’ve filed your immigration petition – whether it’s an I-130 for a family member, an I-485 for adjustment of status, or an N-400 for naturalization. You’ve waited patiently, perhaps checked the USCIS processing times online (which, for some forms like family-based I-130s sponsored by Green Card holders, can still be as high as 35 months in 2025, or 9.2 months for family-based I-485s, and 5.5 months for N-400s). But weeks turn into months, and months turn into years, far exceeding published estimates, and still, no decision.

This is precisely the scenario where a Writ of Mandamus might become a viable option.

A Writ of Mandamus

At its core, a Writ of Mandamus is a powerful legal action filed in U.S. federal court. It’s a court order compelling a government agency, such as U.S. Citizenship and Immigration Services (USCIS), to perform a duty that it is legally obligated to do, but has failed or refused to do so. In immigration terms, it’s a lawsuit that asks a federal judge to order USCIS to make a decision on your unreasonably delayed case.

It’s crucial to understand: A Writ of Mandamus compels a decision, not necessarily an approval. While often the act of filing the lawsuit prompts USCIS to adjudicate the case, the court cannot force an approval if the agency has discretion in the outcome. However, it does force an end to the indefinite limbo.

Common Scenarios for a Writ of Mandamus in Immigration Cases

A Writ of Mandamus is typically considered a “last resort” for cases suffering from unreasonable delays or a failure to issue a decision. Common scenarios include:

1. Petition Far Beyond Published Processing Times: Your case has been pending significantly longer than the posted processing times for your specific form, service center, and visa category. While USCIS updates these times, a delay that stretches into months or even years beyond the longest published estimate is a strong indicator.
2. No Substantive Response to Inquiries: You’ve attempted all standard avenues to inquire about your case (e.g., USCIS online inquiries, phone calls to the Contact Center, requests to the USCIS Ombudsman, congressional inquiries), but have received no meaningful updates or explanations for the delay.
3. Failure to Adjudicate After Interview: For N-400 naturalization applications, specifically, if more than 120 days have passed since your interview and USCIS has not issued a decision, you might also have grounds for a § 1447(b) lawsuit, which is a specific type of mandamus action for naturalization cases.
4. Demonstrable Harm: The delay is causing significant hardship, such as prolonged family separation, loss of employment opportunities (due to expired EADs without renewal), or other severe financial or personal losses.
5. Clean Record & No Apparent Issues: Your application appears complete, you have a clean immigration record, and there are no obvious issues (like RFEs or NOIDs) that would explain the extraordinary delay.

When is a Delay “Unreasonable”?

There’s no hard-and-fast rule, but courts generally look at factors such as:

• The average processing times for similar cases.
• The complexity of your specific case.
• Whether the delay is due to the agency’s legitimate workload or an unexplained lapse.
• The impact of the delay on the applicant.

If USCIS hasn’t provided a reasonable explanation for why your case is taking much longer than similar cases, a court may find the delay unreasonable.

Steps Involved in Filing a Writ of Mandamus Lawsuit

Filing a Writ of Mandamus is a serious legal undertaking and should always be done with the guidance of an experienced immigration attorney.

1. Exhaust Administrative Remedies: Before considering a lawsuit, you must demonstrate that you have exhausted all other administrative avenues to inquire about your case. This includes:
   • Submitting online “Case Outside Normal Processing Time” inquiries on the USCIS website.
   • Calling the USCIS Contact Center.
   • Submitting a service request to the USCIS Ombudsman.
   • Contacting your Congressional Representative or Senator for assistance.
   • Responding promptly to all USCIS requests (RFEs, interview notices, etc.).
2. Consult an Experienced Immigration Attorney: An attorney specializing in federal litigation against government agencies will evaluate the merits of your case, confirm that the delay is indeed unreasonable, and determine if a Writ of Mandamus is the appropriate next step.
3. Prepare the Legal Complaint: Your attorney will draft a formal complaint to be filed in U.S. District Court. This document will outline:
   • The facts of your case and the timeline of events.
   • The legal duty of USCIS to adjudicate your petition.
   • Why the delay is unreasonable and the harm it has caused you.
   • The specific relief sought (an order for USCIS to make a decision).
4. File and Serve the Complaint: The lawsuit is filed in the appropriate federal district court (usually where you reside or where the USCIS office handling your case is located). The complaint must then be formally served on the relevant government defendants, including USCIS, the Department of Homeland Security (DHS), the U.S. Attorney for your district, and the Attorney General of the United States.
5. Government Response & Outcome: Once served, the government typically has 60 days to respond to the lawsuit. Often, the act of filing the lawsuit itself prompts USCIS to take action on the delayed application, leading to a decision within weeks or a few months. In some cases, USCIS may agree to a settlement, committing to adjudicate the case within a specific timeframe. If no action is taken, the case proceeds through the federal court system.

Costs and Expectations

• Costs: Filing a Writ of Mandamus involves federal court filing fees (typically around $400-$500 in 2025). The most significant cost will be attorney’s fees, which can range from several thousand dollars, depending on the complexity of the case and the attorney’s fee structure (some offer flat fees).
• Timeframe for Resolution: While a lawsuit forces action, the litigation itself can take time, sometimes 3 to 6 months before a decision is issued by USCIS, or longer if the case proceeds further in court. However, this is usually significantly faster than waiting indefinitely for USCIS to act on its own.
• Increased Scrutiny: Filing a lawsuit may lead to increased scrutiny of your application by USCIS. However, reputable attorneys will ensure your underlying application is strong and free of issues before proceeding.
• No Guarantee of Approval: Reiterate that the lawsuit’s purpose is to compel a decision, not guarantee an approval. If there are valid grounds for denial, USCIS may issue one, though the lawsuit ensures you get a definitive answer.

LforLaw as Your Partner in Overcoming Delays

The decision to pursue a Writ of Mandamus is a serious one, requiring deep expertise in both immigration law and federal litigation. It’s not a step to be taken lightly or without qualified legal counsel.

At LforLaw, we understand the immense frustration and hardship caused by unreasonable USCIS delays. Our experienced immigration litigation team is adept at:

• Strategically Assessing Your Case: Determining if a Writ of Mandamus is the most effective and appropriate course of action for your unique situation.
• Exhausting All Alternatives: Guiding you through the necessary administrative inquiries before litigation.
• Crafting Robust Legal Arguments: Building a strong case to demonstrate unreasonable delay and compel USCIS action.
• Navigating Federal Court: Representing you throughout the litigation process, from filing to resolution.

If your immigration petition has been stuck in a seemingly endless backlog in 2025, and standard inquiries have yielded no results, it might be time to consider a more assertive approach. Contact LforLaw today for a confidential consultation to explore whether a Writ of Mandamus can unlock your path forward.