What is the writ of mandamus?
A writ of mandamus is a federal court lawsuit to compel the U.S. government to do an act they legally owe to you. In the immigration context, USCIS, embassies/consulates and other federal agencies, such as DHS or DOS, are legally required act on immigration applications – they cannot simply leave the application pending for an unreasonable amount of time. When they have delayed acting on your application, a mandamus lawsuit is a useful tool to force the government to make a decision.
What type of cases qualify?
Nearly any type of delayed immigration application qualifies for a mandamus lawsuit if it is outside of normal processing time, or if there is a medical or severe financial strain involved in the situation.
Will the government deny my case if I file a mandamus lawsuit?
No, your application will NOT be denied because you filed a lawsuit. If there are criminal issues, negative immigration history, inadmissibility issues, or other reasons why the application should be denied, then a denial is possible. However, the filing of the lawsuit itself will not result in a denial.
Can the court force the government to approve my case?
No matter how strong the case, the lawsuit cannot compel a favorable decision on behalf of a plaintiff. It only forces a decision to be made, which might be the approval, or even the denial of a petition. If there are issues related to criminal records, fraud, or inadmissibility, then there is a chance that the petition will be denied.
Can you file a mandamus lawsuit against an embassy or consulate?
Yes. Mandamus lawsuits can be filed against the Department of State and their Embassies, if there is an unreasonable delay on the adjudication of your visa application as a result of further administrative processing or the issuance of a 221(g).
What if a different Attorney filed my Immigration benefit application?
Very often clients come to us after a visa petition, submitted on their behalf by another law firm, has not been processed by the government within a reasonable or expected time frame. This will not hurt the chances of the mandamus lawsuit, if a separate Attorney filed your immigration benefit application.
How much experience do you have with mandamus lawsuits?
Attorney Dubey has co-counseled on over 400 federal court lawsuits, the majority of which were for immigration delay cases.