The word “Mandamus”  is of Latin origin and means “to mandate” or to “command.” Like many of our laws in the U.S., Mandamus was adopted from the Royal Courts of England. In the past, the Royal English Courts would issue writs of mandamus to various subordinates, commanding them to fulfill the public duty asked of them. Today, U.S. Federal Law includes a law called the Mandamus Act (28 U.S.C. § 1361), which allows someone to sue an officer or an employee of the U.S. government to perform a duty that is owed to them. Whether it be 17th century England, or 21st century America, the idea behind the Writ of Mandamus is the same: it offers the everyday person an avenue to force the government to do their job.

However, the Mandamus Act isn't the only arrow in our quiver. We often add additional “causes of action” (laws we believe the government has violated) when we litigate your delayed immigration case. For example, we always include a cause of action under the Administrative Procedure Act, and we may often add a cause of action under the Freedom of Information Act. This allows us diversify our litigation strategy and increase your chances of success.

It depends. When we sue an immigration agency over a delayed immigration case, the ultimate question for the court is this: is the agency's delay “unreasonable?” Determining whether a delay is unreasonable involves many different factors such as, the type of case, the amount of time the agency has had the case, the average processing times, the efforts you have taken to communicate to the agency, and much more. There is no magic date that you need to wait in order to have a strong mandamus case. Rather, the strength of your mandamus case will depend on many factors.

Our experienced lawyer can help you assess your case and determine whether a writ of mandamus will be a good option for you. Even if your case is not ready for a lawsuit now, we can help you take pre-litigation measures that will help strengthen your mandamus case in the future in the event your case remains delayed. Sometimes, these pre-litigation measures may even result in your case finally being decided!

Usually, between 60-120 days after we file the case (sometimes less!). The first step in any litigation case is to file a “complaint.” This is a document that lays out all of the facts of your case and explains how the immigration agency has violated the law.  Once the agency receives our complaint, by law, they only have 60 days to respond. The agency, through their lawyers, can respond in a couple of different ways. First, the agency may (and frequently does) reach out to your lawyer and attempt to settle the case. A settlement in a mandamus case usually comes in the form of a final decision on your underlying immigration case. Once you have a decision on your case, we will voluntarily dismiss the lawsuit.

But, the agency could file a “motion to dismiss” your case, and argue that the delay you experienced is not “unreasonable.” If this happens, then we will oppose their motion and argue that the delay you have experienced is indeed unreasonable. Once all of the arguments have been submitted to the court, a federal judge will ultimately decide whether the delay is unreasonable.

In most cases, we see positive movement in the case within the first 60 days and the case is resolved long before a federal judge gets involved. Take a look at the example cases below for a better idea of mandamus timelines.

A Writ of Mandamus can help get your immigration case “unstuck.” A successful mandamus case does not guarantee that your immigration case will be approved, it only forces the immigration agency to make a decision regarding your case. It is vitally important to have your entire immigration history vetted by an experienced immigration lawyer to ensure that your underlying immigration case is approvable.

In the immigration context, the agencies responsible for your case (USCIS, the NVC, and the Embassies) and their employees are required to make a decision on your application, and they must do so within a reasonable amount of time. If they do not, then they may be violating federal law and a court may force them to make a decision on your case.

Communication. When we file the writ of mandamus on your behalf, we open a line of communication directly with the agency's legal department, as well as the Department of Justice lawyers who represent the agency in court. This kind of access enables us to cut through the bureaucratic red tape and speak to folks at the agency with the power to get things done. Many times, we have worked with these lawyers in the past and have developed professional relationships with them.

Very unlikely. In our experience, most of the immigration officers and the agency lawyers understand your frustration. Most of the time, applications tend to get lost or thrown off track somehow amidst the millions of applications processed each year. In addition, when we file the lawsuit, the agency is placed under a microscope. They know that there is a chance that a federal judge will review every action they have taken in your case. Although rare, If we have reason to believe that a retaliatory denial did in fact take place in your case, we can make sure that the federal judge hears all about it.

Federal litigation can be costly. But because we are a tech-forward virtual law firm, we are able to keep our overhead low and pass those savings on to you. In general, federal court filing fees are $402. Our legal fees for filing a writ of mandamus on your behalf is $3,598, bringing your total costs to an even $4,000.

In the event that we determine that your case is not quite ready for a writ of mandamus, we can place you on a pre-litigation plan that is tailored to your unique situation. Some of the measures we take on the pre-litigation plan include sending formal inquiries to the immigration agency handling your case, making requests through your local congressional representative, requesting your entire immigration file through a Freedom of Information Act request, and other custom solutions designed to move your case along. If these solutions work, your case will be decided and you will not require a writ of mandamus. If they do not work, then we will credit up to 50% of the costs of the pre-litigation plan towards a writ of mandamus. The pricing for our Pre-litigation packages varies from case to case, but typically range from $500 to $1,500.