What is a Writ of Mandamus?
When a person files an application for a green card or other immigration benefit and it seems to be moving along smoothly but then unexplainably hits a wall of delays, this can be very frustrating. Even more frustrating is when these mysterious delays begin to drag on for months, and then years, and no amount of emails, going to InfoPass appointments, or discussing the case with people through the appropriate administrative channels seems to move the case forward. My team has seen this happen most frequently with applications for naturalization or immigrant visa petitions for relatives living abroad. When this type of delay happens, it may be time to think about filing a mandamus lawsuit.
So what is a mandamus lawsuit? Filing a mandamus action creates a lawsuit against an officer or employee of the United States government with the purpose of compelling that person to take action in an administrative matter that is not arbitrary and in which they have a legal duty to act. In immigration law, a mandamus lawsuit is used to hold the government accountable. The various arms of U.S. immigration are required by their own statutes and regulations to make a decision on an application – they have to either grant the application or deny it. The government cannot simply leave the applicant in limbo forever. So by filing a mandamus lawsuit, either U.S. Citizenship and Immigration Services (USCIS) or the U.S. State Department is being reminded of this responsibility and required to make this decision. Filing this type of lawsuit doesn’t mean that the stuck application will definitely be granted, but it does mean that the horrible period of waiting and uncertainty will finally come to an end and you will be able to move forward with your life knowing that a decision was made in your immigration case.
You Should STILL File Mandamus For Visa Delays During Coronavirus!
Has your immigration case gotten stuck? Or maybe it’s gotten held up in years of “administrative processing” or “background checks”? If that’s your situation, you may want to learn more about a recent victory our team had with a writ of mandamus.
Our Clients’ Situation: Stuck in “administrative processing” Limbo
My office recently had some clients who ran into this problem. The U.S. citizen wife, Sarai*, had filed an immigrant visa petition on behalf of her husband, Abdul, a citizen of Iran, in 2011. The I-130 petition was approved within normal processing times, the National Visa Center received all the appropriate forms and supporting documents, and the application had been forwarded to the consulate in Qatar, where Abdul had moved to live and work. In 2013, Abdul was informed that he had been scheduled for an immigrant visa interview. He obtained all of the necessary police clearances and completed his medical exam, then he went to his visa interview in 2013, and…nothing. He waited, he checked the status of his application through the embassy’s website on a daily basis, and still no decision. The delays dragged on and on and the only explanation they got was that the case was under “administrative processing.”
Sarai and Abdul, both very accomplished professionals, were recently married and had a young child. However, because of the delays with Abdul’s visa, they were forced to spend more and more time apart. Sarai struggled to take care of their baby boy alone in the United States while trying to work part-time and complete her degree in clinical psychology. Meanwhile, Abdul struggled to continue with his professional life apart from his family, renewing his work visa in Qatar and committing to more time abroad, all-the-while never knowing when he could be required to drop everything and move to the United States to join his wife and child.
By the time they came to my office they had reached the end of their rope – the uncertainty was taking a large toll on their lives and their emotional well-being. They had tried everything they could think of to inquire about the status of the case and to see if they could move it forward but it remained stubbornly stuck. We talked about their options and the possibility of filing a mandamus lawsuit. I explained that this would very likely get the case unstuck, which would get them a resolution to the application process so that they could move on with their lives and make other important decisions.
Mandamus Lawsuit: Start to Finish
They ultimately decided to file the lawsuit. We helped them do this, and within months of filing it, we began to see some progress. We were informed that the U.S. Embassy in Qatar was going to review the case again and make a decision. Shortly thereafter, Abdul got a call from a representative of the U.S. Embassy there in Qatar. He was told that he would receive information through the embassy’s case status website and he would be required to “refresh” various documents, such as his medical exam, his police clearance certificates, and he would need to provide the embassy with a valid unexpired passport. All of these documents were updated and delivered to the embassy. And, about a month later, Abdul received a positive decision in his case and obtained his immigrant visa! Success!
Abdul and Sarai were thrilled. Sarai had moved to Qatar for a time to be with Abdul, and now the two of them and their son had the ability to travel back to the United States together as a family. After 5 years of their marriage and life being in a holding pattern, they were finally able to begin building their life together here in the United States. We are incredibly happy for them and were very glad to be able to play a part in helping to reunite their family.
A writ of mandamus can help you resolve unreasonable delays in the immigration process that have caused you to put your whole life on hold. When you submit an immigration application, you have a right to a decision in that case. Under the Administrative Procedure Act (APA), the government has a legal obligation to make a final decision on every immigration application in a timely and reasonable manner. If your case has been delayed without good cause, our experienced immigration attorney in Los Angeles can help you file a writ of mandamus lawsuit in federal court that will force the government to comply with this mandatory legal duty, even during times of uncertainty in our country, such as dealing with coronavirus.
This is a quick glimpse of what a mandamus lawsuit is. At Goldstein Immigration Lawyers we have extensive knowledge about mandamus lawsuits and can answer any questions you might have.
What Does a Writ of Mandamus NOT Do?
A writ of mandamus is an extremely effective legal tool used to compel various federal agencies to make a decision in your immigration case. Filing this type of lawsuit doesn’t guarantee that the government will approve your application, but it does guarantee that your case will no longer languish in an indefinite limbo state. The government will be forced to look at your file, evaluate the evidence you have presented, and take action on your application. When nothing else seems to work and your efforts and requests for information on the status of your pending application fail to get a response, a mandamus lawsuit is often the best way to get the answers you need to resolve your case and move on with your life, there are however times when a writ of mandamus is not the right answer for your immigration situation. When this is the case reaching out to a qualified immigration lawyer near you is the best course of action.
Writ of Mandamus Processing Time and Success Rate
On average, a writ of mandamus will get results within 20 to 30 days. Typically, 60 days is the maximum time it will take as that is how long the US embassy or USCIS has to submit their answer to the mandamus order in court.
Writ of mandamus cases have a high success rate in that 99% of cases are processed and submitted faster and not contested in court. However, the success of the petition itself depends on the factors of the case itself, as a writ of mandamus forces USCIS to make a decision, and does not necessarily mean an approval. That is why it’s important to work with a lawyer experienced in these types of cases.
There are many reasons why the U.S. government might delay your immigration application. Do any of the following situations sound familiar?
- Your case has been stalled due to FBI background checks;
- You applied for naturalization or for a green card and have experienced long delays without any decision; or
- Your case has been pending due to “administrative delays” for many months or even years.
Green Card Processing Time
If you have been experiencing delays related to your immigration application, you should know that you’re not alone. According to the LA Times, federal immigration court backlogs are at an all-time high, and the sheer number of cases awaiting a decision in California are among the highest in the nation.
In addition to the high volume of cases currently being handled, there are several common reasons why your immigration application may be delayed:
- Administrative Delays in Processing: Green card applications (I-485, Application for Adjustment of Status), citizenship applications (N-400, Application for Naturalization), and other immigration applications pass through numerous channels on their way to being approved, slowing down the time that administrative processing takes. It’s possible for your application to get stuck at many different points in the bureaucratic process before a decision is made. When immigration agencies are questioned regarding these delays, the response is likely to be that your application is “pending”, “under review”, or “under investigation.”
- Delays In Background Checks and Security Clearances: USCIS conducts background checks and security clearances on all applicants for immigration services. These checks involve reviews by multiple federal agencies and lengthy delays are possible even if you have a clean background and no criminal record. Anecdotal evidence suggests post-9/11 security policies have increased the scrutiny of these checks, increasing the likelihood of delays based on profiling of applicants’ names and countries of origin, in particular, those coming from Morocco, Algeria, Russia, China, India, Pakistan, and the Middle East.
Issues regarding applications for citizenship, green cards, or other immigration-related benefits have a significant impact on your present circumstances as well as your future success. It is important to know that you do have certain rights when it comes to getting a timely decision on your application and that these rights are protected by U.S. laws. At the Goldstein Immigration Lawyers, our Los Angeles Writ of Mandamus lawyers provide the aggressive and professional legal representation you need to defend your interests. Call us today or contact our office online to schedule a no-obligation consultation with an immigration lawyer in Los Angeles.
Filing a mandamus lawsuit is complicated and confusing. But if your case has been stuck for many months or years, this may be the solution. If this is what’s been happening for you, your best bet is to hire an experienced immigration lawyer. We can offer expert counsel at a fair cost.
Our team of experienced immigration attorneys is skilled at preparing mandamus lawsuits and helping clients get the closure they need in their cases. If you’re in California and have questions about the process of filing a mandamus lawsuit and want to know more, call the lawyers at the Goldstein Immigration Lawyers today to schedule a consultation.