If you are navigating the immigration process, you know how stressful and complicated it can be. Whether you are seeking a visa, green card, or citizenship, the process can take months or even years and frequently experiences delays. One common issue that many people encounter along the way is the dreaded 221(g) processing delay, which occurs when the consular officer handling your application needs more information or documentation before making a decision. In some cases, this delay can last for an indefinite amount of time, leaving applicants in a sort of immigration limbo. If you find yourself facing a 221(g) delay, you may want to consider filing a mandamus lawsuit to compel the consulate to make a decision on your case.

What is a Mandamus Lawsuit?

A mandamus lawsuit is a legal action that asks the court to compel a government agency or official to perform a specific duty. In immigration cases, a mandamus lawsuit is often filed when a government agency, such as the United States Embassy, fails to make a decision on an application in a timely manner. A mandamus lawsuit can be a powerful tool for applicants who have been waiting for an unreasonably long time for their case to be resolved.

You’re not alone, this report from Syracuse University shows that mandamus lawsuit filings reached an all-time high this past year, mostly due to procedural delays within the Department of Homeland Security.

When to File a Mandamus Lawsuit for 221(g) Processing?

In some cases, when you are notified of a 221(g) delay, it can be a routine request for additional paperwork or clarification. However, in other cases, the delay can last much longer, and the applicant may not receive any updates or feedback from the consulate for an extended period. If you have been waiting for an unreasonably long time for a decision on your application, and you have tried everything to resolve your case, it may be time to consider filing a mandamus lawsuit.

How to File a Mandamus Lawsuit

If you believe your immigration case has been unreasonably delayed, these are the steps you should follow to file a mandamus lawsuit:

1. Consult with an Immigration Attorney: The first step in filing a mandamus lawsuit is to consult with an experienced immigration attorney who can evaluate your case and determine whether a lawsuit is appropriate. Your attorney will review your case and help you understand which legal options are best for you.

2. Draft and File the Complaint: If your attorney determines that filing a mandamus lawsuit is appropriate, they will draft a complaint that outlines the specific facts of your case and the relief you are seeking. The complaint will be filed in federal court, and you will need to pay a filing fee.

3. Serve the Defendants: After filing the complaint, you must serve a copy of it to the defendants in the case. In a mandamus lawsuit for 221(g) processing, the defendants will be the consular officer or officers who are responsible for your case.

4. Await a Response: Once the defendants have been served with the complaint, they will have 60 days to respond. In many cases, the Assistant US Attorney (AUSA) assigned to your case will reach out to your attorney to explore settlement options. The AUSA may offer to resolve the 221(g) processing delay by requesting that the consulate make a decision on your case within a specific timeframe.

5. Litigation: If the defendants do not agree to resolve the case, they will usually file a motion to dismiss the case. After the briefing, the court will schedule a hearing. At the hearing, both sides will present their arguments, and the judge will make a decision on whether to grant the mandamus relief.

6. Receive a Decision: If the judge grants the mandamus relief, the defendants will be ordered to make a decision on your case within a specific timeframe. 

The team at Naser Immigration Law has an excellent success rate for post-interview 221(g) processing delay mandamus suits. We have been able to resolve over 95% of our 221(g) mandamus cases without the need for litigation. With our extensive experience in immigration litigation, we have the knowledge and resources necessary to help you navigate the legal process and achieve the best possible outcome for your case.

If you're ready to take action on your 221(g) processing delay case, we encourage you to reach out to us today. Our skilled immigration attorney will work tirelessly to help you move your case forward and obtain the immigration status you deserve. Contact us now to schedule a consultation and learn more about how we can assist you with your legal needs.