Green Card applications in the United States can sometimes remain pending for extended periods. Specifically, filings such as the I-485 Adjustment of Status may appear as “pending” for months or even years.
This wait can impact the lives and careers of applicants, disrupting family reunification and business plans. In such cases, a legal tool known as a Mandamus lawsuit comes to the forefront as a means to complete the process in a very short time.
In this blog, you will learn how Mandamus lawsuits work for Green Cards and in which other areas these lawsuits can be utilized.
What is a Mandamus Lawsuit?
The term “Mandamus” is Latin for “we command.” It essentially refers to a lawsuit filed to direct a federal court to issue an order compelling a government agency to act.
In the U.S. legal system, Mandamus is invoked when a government official or agency fails to fulfill an obligation they are legally required to perform. In other words, the court can compel the defendant agency to adjudicate the case within a reasonable timeframe. However, the court commands a decision to be made, not necessarily that the application be approved.
Federal Mandamus lawsuits are filed in connection with relevant administrative procedures. This type of lawsuit is considered if an application has been pending for an excessive amount of time and results could not be obtained through normal administrative channels (USCIS inquiries, Ombudsman requests, Congressional representative correspondence, etc.).
Speeding Up Delays in the Green Card Process
A Mandamus lawsuit for a Green Card is typically evaluated under the following scenarios:
Eligibility and Prerequisites
If USCIS has not reached a decision within a reasonable time and standard processing times have been exceeded.
If the applicant has previously sought a resolution through administrative channels.
If the delay is causing significant hardship.
For example, if an I-485 Adjustment of Status application has reached durations of 1.5–2 years, a Mandamus action before a federal court may be considered. In this case, the court may order USCIS to make a decision within a specific period (e.g., within 30–90 days).
Important: A Mandamus lawsuit does not guarantee the approval of your application; it only ensures that a decision is made. If the file lacks legal merit or eligibility, the court may still deny the case.
Other Areas Where Mandamus Lawsuits Are Used
Beyond Green Card applications, Mandamus lawsuits can be used against many other administrative delays:
Naturalization (Citizenship) Applications: USCIS must make a decision within 120 days after the candidate completes the required exams and interview. Exceeding this period can be grounds for a Mandamus lawsuit.
Visa Processing and Consular Procedures: If visa processes pending at the U.S. Department of State or consulates are excessively delayed, the court can be involved via Mandamus.
Asylum or Other Immigration Applications: Asylum applications and various other immigration procedures can also be moved to federal court if reasonable time limits are exceeded.
Work Permits (EAD) and Travel Documents (AP): In some cases, documents like EAD and AP may face high delays, and Mandamus lawsuits can facilitate the faster issuance of these documents (again, in terms of reaching a decision).
Stages of a Mandamus Lawsuit
Preparation and Evidence Collection: The entire application process, waiting times, and all previous requests are documented.
Exhaustion of Administrative Remedies: Direct communication with USCIS, Ombudsman applications, or Congressional correspondence is conducted. Taking these steps prior to court increases the likelihood of success.
The Court Process: A lawsuit is filed in federal court. The complaint is served to the local U.S. Attorney’s Office, representing the defendant government, and a 60-day response period begins. In practice, government attorneys often prefer to mobilize the process by contacting the relevant administrative agency rather than filing a formal response. Upon notification, they obtain information about the file and take initiatives to expedite the process. Thus, by ensuring the administrative action is taken, the lawsuit is often rendered moot and concluded quickly. If this is not possible, the government submits its response or moves to dismiss the case at the end of the designated period, and the process continues as a contested matter.
Court Decision: If the court determines the delay is unreasonable, it orders USCIS to make a decision within a specified timeframe.
Advantages and Risks of Mandamus Lawsuits
Advantages:
Ensures the process is expedited (the court commands a decision).
Can be an effective alternative if other administrative solutions have failed.
A powerful legal tool to advocate for the applicant’s rights.
Risks:
Mandamus does not guarantee a positive outcome.
Incorrectly prepared lawsuits may be dismissed.
The court may deem the delay “reasonable” and close the case.
Client Story: How a 2.5-Year Wait Was Resolved in 1 Month
Our client had an asylum file that had been pending for approximately 2–2.5 years, even though the interview was completed in April 2022. Despite the long period since the interview, USCIS was taking no action. There were no issues in the file or any reason to explain the delay.
After reviewing the file, we identified that this was a situation where a Writ of Mandamus lawsuit could normally be filed. However, following a different strategy, we attempted to speed up the process using our communication channels with the government before filing the lawsuit. Had we filed, we would have needed to reach out to the local U.S. Attorney’s Office.
On December 18, we took the necessary initiatives.
A few weeks later, government attorneys communicated with USCIS to expedite the process, as if a lawsuit had been filed.
On January 27, the application was approved.
👉 A file that had been pending for nearly 2.5 years was finalized within 1 month.
This example demonstrates that with the right strategy, the process can sometimes be accelerated even without filing a lawsuit.
Conclusion
If you are experiencing extreme delays in Green Card or other immigration applications in the U.S., a Mandamus lawsuit can be considered a final legal solution. This lawsuit ensures the federal court commands USCIS to make a decision; it does not directly guarantee approval, but it can significantly speed up the process.
Mandamus can be used for Green Cards as well as other immigration procedures like naturalization, visas, or asylum. When filed at the right time with the right preparation, it is possible for your application to move from “stalemate” to a final decision.
How MC Law Firm Can Help You
At MC Law Firm, we have years of experience in accelerating delays in Green Card, naturalization, visa, and other immigration applications.
We conduct a detailed analysis of your application status and meticulously gather evidence of unreasonable delays.
We prepare all necessary legal documentation for Mandamus lawsuits and manage the process on your behalf in federal court.
By ensuring your file is presented strongly, we maximize the likelihood of the court compelling USCIS or other agencies to make a decision.
We keep you informed at every step, focusing on minimizing your wait time.
If your file has been pending for a long time or you wish to speed up the process, you can receive professional support by contacting MC Law Firm. We don’t just follow your process; we work actively to get results.
201-957-0909
info@mclawfirm.com
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