When a case has been sitting for months or years with no meaningful update, a mandamus action asks a federal judge to order USCIS or a consulate to do its job. It does not force an approval — it forces movement.
When mandamus fits
- Case is well beyond normal processing with documented inquiries and no action.
- No complex inadmissibility or security issues that would justify long delays.
- Administrative steps are exhausted: service requests, congressional inquiry, ombudsman.
How the lawsuit works
The complaint typically names the agency head, the local director, and sometimes DHS. After service, government counsel contacts the agency, which often triggers the action you have been waiting on.
- Many cases resolve within 60–120 days via scheduled interviews or decisions.
- Courts require proof of unreasonable delay; timeline exhibits help.
- We prepare the record so agencies can act quickly once counsel engages.
Risks and expectations
Mandamus is a pressure tool. It can surface underlying eligibility issues sooner. We assess the record before filing so the push for action improves, not harms, the outcome.
