Writ of Mandamus: What it is and How it May Help Your Case

Writ of Mandamus: What it is and How it May Help Your Case

The bureaucracy involved in the immigration system can oftentimes seem like a bunch of hurry up and wait. You file your immigration case, pay your fees respond to USCIS’s request for the evidence that they require and still…nothing. Well, there is a way to speed up your case and it is by filing a Writ of Mandamus.

What is a Writ of Mandamus?

A Writ of Mandate (Mandamus) is a court order to the government or another court forcing it to make a final decision. It can be used by an attorney if your case has been delayed for an unreasonable time. An immigration lawyer such as me – attorney Erika Roman – is the best person to contact to tell you if this applies to your case and to go about filing the action. When it is successful, a Writ of Mandamus can actually achieve the desired result before the government even files an answer to your complaint against it. They have been successfully used by clients who have been left waiting in immigration limbo for as long as 3, 4, 5 and up to 7 years for their green cards or citizenship

Reasons an Immigration Application May be Delayedcourt

One of the most common reasons the government gives for delaying action on an immigration case is that they are “name checking” your application and are conducting security checks. However, many people are simply told that their case is “under review” or “pending.” If you are considering taken action against USCIS then you should first try to learn what reason the government is giving you for the delay. We can help to find this out and determine whether or not fling a Writ of Mandamus is the appropriate course of action.

Things to Remember about a Writ of Mandamus


There are two important things to remember about filing a Writ of Mandamus. (Few things in life are easy.) First, it only compels the USCIS to decide. The case may still be decided against you. However, I – Erika Roman immigration lawyer – can advise you on the chances of either one happening. The second is that filing a Writ of Mandamus can be complicated and is only one of your options. I will be able to lay out all your options in your case once you come in for your free consultation.

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