Mandamus Lawsuits for Delayed Applications for Immigration Benefits
A mandamus lawsuit is a legal action that can be used to compel a government agency to take action on a pending application. In the context of delayed applications for immigration benefits, a mandamus lawsuit can be filed to force the U.S. Citizenship and Immigration Services (USCIS) to adjudicate an application that has been pending for an unreasonably long time.
To file a mandamus lawsuit, the applicant must demonstrate that they have been waiting an unreasonable amount of time for a decision on their application and have exhausted all administrative remedies, such as inquiring about the status of their application and submitting inquiries through USCIS’s online portal. The lawsuit must be filed in federal court, and the applicant will need to demonstrate that USCIS has unreasonably delayed their application without cause.
A successful mandamus lawsuit can result in a court order directing USCIS to take action on the pending application within a certain timeframe. However, it is important to note that filing a mandamus lawsuit should only be considered as a last resort after all other options have been exhausted, and individuals should consult with an experienced immigration attorney before taking legal action.