IMMpact Litigation is a powerhouse team of immigration law firms throughout the U.S. who have joined together to challenge wrongful immigration laws and actions, and we have several mechanisms in place to do so. We can file mandamus cases on behalf of clients when it is the proper avenue to seek relief in a specific case.
There are different types of federal litigation that can be used to challenge the actions of immigration agencies in the United States, including bringing a “writ of mandamus” or “mandamus action.” This type of action is filed in federal district court when appropriate and seeks to compel a federal official to act on a non-discretionary administrative matter when they have breached their duty to act.
Generally speaking, a mandamus action applies when the United States Citizenship and Immigration Services (USCIS) or another agency is supposed to rule on an application or petition but has failed to do so after a considerable time period. When someone has an immigrant petition in limbo and cannot get answers regarding the delay from USCIS, a federal court might grant a writ of mandamus to compel the agency to make a decision.
There are different considerations to keep in mind regarding mandamus litigation, such as:
It is important to take action before your qualifications for your immigration applications change, as once you are no longer eligible under your current application, the forms of relief available may become very limited.
Not every immigration firm knows how to properly communicate and negotiate with USCIS to obtain a decision outside of court whenever possible. Sometimes, we are able to resolve a matter through direct communications with USCIS before a lawsuit ever becomes necessary.
If this is not enough to obtain a decision, we can file a lawsuit in federal court against the agency with the duty to rule on the matter. This puts pressure on USCIS and the U.S. Attorney’s Office, so they might rule on the issue before the matter ever makes it to court.
Unreasonable delays from USCIS are among the immigration issues that are difficult to address through individual plaintiff litigation. By combining our talent and resources, the team at IMMpact Litigation is unparalleled in our ability to handle this type of complex federal lawsuit. To learn about current and prior cases we’ve represented, visit our Notable Cases page. Opportunities to participate in our mass litigation cases are posted on our Client Onboarding page when available.