Table of Contents
Introduction
Many people face long waits when dealing with the U.S. Citizenship and Immigration Services (USCIS). Sometimes, these delays can take years. This can be frustrating and stressful for applicants. However, there is a legal option called «Mandamus» that can help force USCIS to make a decision. In this article, we will explore what Mandamus is, when to use it, and how the process works.
USCIS taking too long? Discover how a Mandamus lawsuit can get your case moving.
What is Mandamus?
Mandamus is a legal term that means «we command» in Latin. It is a type of court order that can be used to compel a government agency, like USCIS, to take action on a case. If USCIS does not respond to an application or petition within a reasonable time, a person can file a Mandamus lawsuit. This lawsuit asks the court to order USCIS to make a decision.
When to Use Mandamus
Mandamus is not the first step you should take. It is important to try other options first, such as contacting USCIS or seeking help from a congressperson. However, if you have waited a long time—usually more than six months—without any updates, Mandamus may be a good option. It is especially useful for cases that are stuck in processing and have no clear reason for the delay.
The Mandamus Process
The process of filing a Mandamus lawsuit involves several steps:
- Consult a Lawyer: It is important to speak with an immigration lawyer who understands Mandamus. They can help you decide if this is the right option for you.
- Prepare the Complaint: Your lawyer will help you prepare a legal document called a complaint. This document explains your situation and why you are asking the court to intervene.
- File the Complaint: The complaint is filed in a federal court. You will need to pay a filing fee, and your lawyer will guide you through this process.
- Serve USCIS: After filing, USCIS must be officially notified about the lawsuit. This is called «serving» the agency.
- Court Hearing: A judge will review your case. If the judge agrees that USCIS has delayed too long, they may order USCIS to make a decision.
Conclusions
Waiting for USCIS to act can be a long and frustrating process. However, Mandamus offers a way to push for a decision when delays become unreasonable. It is important to consult with a knowledgeable lawyer before taking this step. By understanding the Mandamus process, applicants can take action and hopefully receive the answers they need without waiting for years.