When an application has been stuck for too long
Some immigration applications sit pending far longer than they should, with no decision and no clear answer from the agency. When that happens, a federal lawsuit known as a petition for a writ of mandamus may be an option. The case asks a federal judge to order USCIS, the State Department or another agency to do what the law requires it to do: make a decision.
Usher Law Group evaluates delayed cases for clients in New York and New Jersey and, where the facts support it, files these lawsuits in federal court.
What a mandamus case can and cannot do
These lawsuits are usually brought under the federal mandamus statute and the Administrative Procedure Act, which allows courts to compel agency action that has been unlawfully withheld or unreasonably delayed. A court can order the agency to act. It generally will not order the agency to approve your application. The agency may still deny it, so the strength of the underlying case matters.
A mandamus case is about delay. If an agency has already denied your application and you believe the decision is wrong, other remedies may apply, such as an administrative motion or appeal, or in some cases a different kind of federal court review. We can evaluate those options separately.
Delays we can review
- Naturalization (N-400) applications that remain undecided
- Adjustment of status (green card) applications
- Family and employment petitions
- Asylum applications waiting for an interview or decision
- Immigrant visa applications stuck at a consulate after an interview
- Work authorization and other pending USCIS applications
For naturalization, there is a specific rule: if USCIS has not decided your application within 120 days after your interview, you may ask the federal district court to decide the case or send it back to USCIS with instructions.
How the process works
- Case review. We look at how long the case has been pending, published processing information, your inquiries to the agency, and any weaknesses that could lead to a denial once the agency acts.
- Filing. The complaint is filed in federal district court. For people who live in Brooklyn, that is usually the U.S. District Court for the Eastern District of New York, but the right court depends on the facts.
- Government response. The government is served and represented by the U.S. Attorney's Office. In many cases the agency schedules an interview or issues a decision while the lawsuit is pending, and the case is then dismissed.
- Court decision. If the case is contested, the judge decides whether the delay is unreasonable under the circumstances.
What to bring
- Your receipt notice and every notice received since filing
- Copies of the application and supporting evidence you filed
- Records of inquiries to USCIS, the consulate, or your congressional representative, and any responses
- Information about how the delay is affecting you, such as lost work, family separation or travel limits
Frequently asked questions
Will a mandamus lawsuit get my application approved?
Not by itself. The court can order the agency to make a decision, but it generally will not tell the agency how to decide. If there are problems in your application, a faster decision could be a denial, which is why we review the case before filing.
How long does my case have to be pending before I can sue?
There is no single cutoff for most applications. Courts look at the length of the delay compared with the agency's normal processing, the reasons for the delay and the harm to you. For naturalization, a specific rule allows a court filing once 120 days have passed after the interview without a decision.
Will suing the government hurt my case?
Filing a lawsuit to seek a decision is a lawful step, and the agency is not permitted to deny an application because you sued. The decision must still be based on the law and the evidence in your file.