- 1-905-452-8193
- Contact Us
- Member Login
- Get Listed Today
- 220,911 members
Going through the immigration process to receive a green card or other immigration documents can be lengthy and often requires a lot of patience. Still, there are times when delays occur in this process that may seem like the process has stalled. That’s where an immigration lawyer can be vital in assisting you in working to find the best ways to remove the obstacles in your path. They may advise you to file a writ of mandamus.
There are several reasons why an immigration application can become stalled in the process. COVID-19 has turned even some of the most routine and simple parts of life into something complicated, and that’s true when it comes to the courts and the different government agencies involved with the immigration process. There may also be other reasons behind the delays, such as backlogs when it comes to the FBI background checks, administrative delays, problems with your documentation, or other issues. There may often be no explanation for why your application has been delayed, which can be very stressful. That’s often where a mandamus lawsuit can help to move things forward.
One of the most effective ways to handle these delays in the immigration process is filing a mandamus lawsuit. As with any legal process, there must be an end point where a decision is made to either approve or deny the application. A mandamus action starts a lawsuit against the appropriate agency, such as the U.S. State Department, Consulates, or the U.S. Citizenship and Immigration Services, which works to help start the process moving forward again. Think of a writ of mandamus as a reminder that your application is in process and nothing has been done to make a decision.
The Administration Procedure Act was passed to ensure a timely and reasonable application process for immigration. By filing a mandamus lawsuit, you’re making a legal request to the U.S. Federal District Court in which they will need to compel the agency to perform the duty assigned to them in accepting or rejecting your immigration application. You’ve done everything asked of you in providing the requested documentation, paying your fees, and filing out the correct paperwork. They are obliged to make a decision on your application within a reasonable timeframe. One sticking point is that there is no designation of how long is considered reasonable. If your application has been pending for at least a year to two years, you may need to consider this type of lawsuit. In addition, if your application is considered time-sensitive, you may also be in a situation where you need to consider speaking with a Los Angeles immigration lawyer familiar with immigration mandamus lawsuits.
Any type of visa or immigration case is eligible for this type of lawsuit. There are no application or petition types that cannot file a writ of mandamus.
You may be wondering if a mandamus lawsuit is right for you. Keep in mind that there are some scenarios where it may not be advisable to file a writ of mandamus. There may be a better solution for your particular situation at the time. For instance, if you’ve only been waiting a short period of time and the reason for requesting immigration is not time-sensitive, it’s probably not reasonable to file a writ of mandamus. However, it’s illegal for the governmental agency to act in bad faith in responding to your application after a mandamus lawsuit. It means that they cannot retaliate against you because you filed a lawsuit to compel an answer. In addition, the decision provided must be supported by evidence and documentation. So, the best way to determine how you should move forward is to speak with an experienced immigration lawyer to discuss your options when it appears as though your immigration application process has come to a halt.
You may wonder if it’s always necessary to file this type of lawsuit, and the answer is no. Filing a writ of mandamus is not required during your immigration process, and not everyone is placed in a situation where they need to file. However, for some, it can help get the process moving again rather than allowing it to linger longer without an answer one way or another. So, if you’ve been waiting months or years, it may be time to consider a mandamus lawsuit.
No, a mandamus lawsuit won’t guarantee that your application will be approved, as there are cases when it may not be granted. However, it does help to reduce the waiting time. You’ll finally have a decision on your case to move forward with your life without the uncertainty of what the decision will be.
There are a few steps that are involved with the filing of your mandamus lawsuit. It starts with a written inquiry regarding your immigration application status. You want to make sure that this stage is well documented. Then, if you do not have a resolution, you’ll be informing the agency of your intent to file a mandamus lawsuit in the next 30 days. Finally, the lawsuit will be filed if that period passes without a resolution.
The exact amount of time it takes for your mandamus lawsuit to see results can vary. The average expected amount of time is about 20 to 30 days. However, it can take up to 60 days maximum for the U.S. Citizenship and Immigration Services or other agencies to give their answer to the court regarding your mandamus lawsuit.
Are you interested in learning more about a mandamus lawsuit and whether or not it may be the right option for you? An experienced immigration law firm, such as the Goldstein Immigration Lawyers, can help you determine whether or not you should start this process. Contact us today to discuss your current immigration situation, and let us advise you on how to make a decision finally.
