Sue for Immigration Delays: Writ of Mandamus 101
Are you tired of waiting for your immigration case to move forward? Do you feel like you've hit a brick wall with no end in sight? If so, you may want to consider suing the government for immigration delays. Many are unaware that this is an option available to you, but all you need to do is to file a Writ of Mandamus. In this blog post, we'll explain what a Writ of Mandamus is, how it works, and what you need to know before filing.
What is a Writ of Mandamus?
A Writ of Mandamus is a legal order issued by a court that compels a government agency or official to perform a specific duty. In the context of immigration delays, a Writ of Mandamus can be used to force the government to make a decision on your case. Specifically, you can file a Writ of Mandamus to compel USCIS or a U.S. consulate to adjudicate your immigration application or petition.
How Does a Writ of Mandamus Work?
To file a Writ of Mandamus, you'll need to demonstrate that the government agency or official has failed to act on your immigration case for an unreasonable amount of time.
Once a Mandamus lawsuit for immigration delays has been filed, settlement negotiations may continue between your attorney and the lawyer representing the immigration agency, usually the Assistant U.S. Attorney. The goal of these negotiations is to resolve the case without going to court. For example, the Assistant U.S. Attorney may offer to take action on the case, provide an explanation for the delay, or agree to a stipulated order that outlines the timeline for the agency to take action. If a settlement is reached, the case can be dismissed by the court. If a settlement cannot be reached, the case will proceed to litigation.
If the court agrees that the government has violated your rights, it will issue a Writ of Mandamus ordering the government to take action on your case. Depending on the circumstances, the court may order the government to adjudicate your immigration application or petition within a specific timeframe. If the government fails to comply with the Writ of Mandamus, it may face penalties or fines.
What You Need to Know Before Filing a Writ of Mandamus
Before filing a Writ of Mandamus, there are a few things you need to consider:
Timing is Key: You can't file a Writ of Mandamus immediately after filing your immigration application or petition. Instead, you'll need to wait for a reasonable amount of time before taking legal action. The exact amount of time will vary depending on the circumstances of your case.
Exhaust Other Remedies First: Before filing a Writ of Mandamus, you'll need to exhaust all other available options. This means that you'll need to have made a reasonable attempt to resolve the issue with the government agency or official before taking legal action.
Legal Counsel is Essential: Filing a Writ of Mandamus is a complex legal process that requires the assistance of an experienced immigration attorney. Your attorney can help you evaluate your legal options, prepare your case, and ensure that your rights are protected throughout the legal process.
Be sure you’re aware of your case status before consulting with your attorney.
Why Should I Consider Filing a Writ of Mandamus?
If you've been waiting for an unreasonably long time for your immigration case to be adjudicated, filing a Writ of Mandamus may be a good option to consider. Here are a few reasons why:
Forces the Government to Act: Filing a Writ of Mandamus can compel the government to make a decision on your case. This means that you won't have to wait indefinitely for a decision, and you can move forward with your life.
Protects Your Rights: By filing a Writ of Mandamus, you're asserting your rights as an immigration applicant or petitioner. You're sending a message that you won't tolerate unreasonable delays or inaction from the government.
Can Expedite Your Case: Filing a Writ of Mandamus can be an effective way to expedite your case. Once your case reaches the settlement stage, or the court has issued the Writ of Mandamus, the government will be required to take action.
A Writ of Mandamus can be a powerful tool to compel the government to take action on your immigration case. If you've been waiting for an unreasonably long time for a decision, filing a Writ of Mandamus may be an option worth considering. However, before taking legal action, it's important to consult with an experienced immigration attorney to evaluate your legal options and ensure that your rights are protected throughout the legal process.
At our immigration litigation firm, we have helped numerous clients successfully navigate the Writ of Mandamus process and achieve favorable outcomes. So, if you're tired of waiting for your immigration case to move forward, contact us today to learn how we can help you achieve the results you deserve.
