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Immigration Mandamus Attorneys

Immigration Mandamus Attorneys

An immigration mandamus case is a legal action brought against the U.S. government to compel them to perform a specific duty related to an immigration application or petition. Mandamus is a Latin term that means “we command.” In the context of immigration law, it is a writ that is used to compel the government to act.

If your immigration matter is severely delayed without explanation, the highly experienced litigation team at IMMpact Litigation can assess your options, including a possible writ of mandamus. 

When is a Writ of Mandamus Appropriate?

In general, our attorney might file a writ of mandamus with the federal courts when there has been an unreasonable delay or outright refusal by the government to act on an immigration application or petition. This can occur when an applicant has waited an unreasonably long time for a decision on their application or when the government has failed to take action on a petition or application despite being required to do so by law.

For example, if you applied for naturalization, you may file an immigration mandamus case if your application has been pending for an unreasonably long time, and the government has failed to make a decision. In such cases, the mandamus case requests that the federal court compels the government to either make a decision on the application or provide a valid reason for the delay.

Similarly, an employer who has filed an employment-based immigration petition on behalf of an employee may file a mandamus case if the government has failed to take action on the petition despite being required to do so by law. In this case, the mandamus case can be used to compel the government to take action on the petition.

Steps in the Mandamus Process

To file an immigration mandamus case, you must first exhaust all administrative remedies. This means that you must have filed the application or petition with the appropriate government agency, such as USCIS or the Department of State, and followed all the necessary procedures and deadlines.

Once you have exhausted administrative remedies, you can file a lawsuit in federal court seeking a writ of mandamus. Your lawsuit must demonstrate that the government has unreasonably delayed or refused to act on your petition and that you have suffered harm as a result.

If the court grants your writ of mandamus, it can order the government (usually USCIS) to act on the petition within a specified period of time. If the government fails to comply with the court order, it may be subject to sanctions, such as fines or penalties.

Always note that the writ of mandamus cannot compel USCIS to make a favorable decision in your case – only that it moves to process your petition and make a decision at all. If you receive an unreasonable delay, you will need to take different action to appeal it. 

Consult with an Immigration Mandamus Lawyer

While mandamus cases can be a useful tool if you’re facing delays in the immigration process, they can also be complex and challenging. It is important to consult with an experienced immigration litigator from IMMpact Litigation before pursuing a mandamus case to ensure that it is the appropriate legal strategy and to navigate the process effectively. Contact our team today to discuss your situation. 

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