Immigration processes in the United States can sometimes take far longer than expected, causing stress and uncertainty for applicants. If your case has been pending for an unreasonable amount of time, you may have the option to file a Mandamus lawsuit. This legal action can compel USCIS to act on your case.
Here’s everything you need to know about Mandamus lawsuits in 2025.
What Is a Mandamus Lawsuit?
A Mandamus lawsuit is a federal court order that requires a government agency to carry out a duty it is legally obligated to perform.
This lawsuit is typically filed when:
- An agency fails to make a decision within a reasonable timeframe.
- The delay has exceeded USCIS’s normal processing times and has created an undue burden on the applicant.
👉 In immigration cases, a Mandamus action is often used to push USCIS to take action on applications stuck in lengthy backlogs.
USCIS Processing Times and “Unreasonable Delay”
USCIS publishes average processing times for each type of application, but these can vary depending on the case type, workload, and office handling your file.
- For example, asylum applications (Form I-589) are supposed to have interviews scheduled within months, but many applicants wait 2–3 years or longer.
- If your case has been pending far beyond the typical timeframe, the delay may be considered unreasonable.
In such situations, filing a Mandamus lawsuit may be appropriate to demand timely action.
What Happens After Filing a Mandamus Lawsuit?
Once a Mandamus lawsuit is filed:
- USCIS must respond to the court within 60 days.
- During this period, USCIS may choose to finalize your case or submit a legal defense.
- Many applicants report receiving a decision within 3–6 months after filing.
⚠️ Important Note:
A Mandamus lawsuit does not guarantee a positive outcome on your case. It only compels USCIS to make a decision—whether approval or denial. Therefore, it is essential to consult with an experienced immigration attorney before pursuing this option.
Final Thoughts
Long delays can negatively impact your life, career, and family. Filing a Mandamus lawsuit can be a powerful tool to break through the backlog and push USCIS to act.
If your immigration case has been pending for years without resolution, you may want to explore whether this legal remedy is right for you.