Mandamus Petition Facts

  • A mandamus petition can get an applicant or petitioner a decision on their case in as little as 1 or 2 months after filing.
  • Filing a writ of mandamus asks a federal court to compel USCIS to make a decision on your case.
  • A mandamus lawsuit can help whether your case is stalled because of background checks, administrative reasons, or unexplained delays.

Eligibility Checklist

  • You must have a pending application with USCIS that is outside of estimated processing times or you have an urgent reason to request that your case be expedited.

  • You must have filed the application properly, attended all required biometrics and interview appointments, and responded to any Requests for Evidence.

Frequently Asked Questions on Mandamus Petition.

Although not required, it is highly recommended to hire a lawyer to file your mandamus petition. Filing a writ of mandamus is a complex process that can result in an immediate decision on your immigration case if executed properly. For more information on filing a mandamus, you can read “Mandamus Magic: Litigating Immigration Delays in Federal Court”, an article written by Managing Attorney Nicole M. Whitaker that was published in the Trial Reporter, the Journal of the Maryland Association for Justice.

A mandamus lawsuit cannot force USCIS to approve your case, but it can compel USCIS to make a decision on it, whether the decision is an approval or a denial. Before filing a mandamus, you should consult with an attorney to discuss the strength of your case and any possible reasons for the delay.

You can find USCIS’s case processing times on their website.

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