Sometimes, USCIS fails to take any action on a case and does not respect the processing times. A mandamus action is a legal remedy sought from a court to compel a government official or agency to perform a duty that they are obligated to perform but have failed to do so. In immigration law, a mandamus action may be filed by an individual or entity to prompt the government to take action on a delayed immigration application, petition, or administrative process.
For example, if an immigration application has been pending for an unreasonably long time without a decision from the authorities, the applicant may file a mandamus action to ask the court to order the government to adjudicate the application promptly.
In such cases, the court reviews the facts of the situation and determines whether the government has unreasonably delayed in fulfilling its duty. If the court finds that there has been an unreasonable delay and that the applicant has a clear legal right to have their application processed, it may issue a writ of mandamus ordering the government to take action within a specified time frame.
Mandamus actions can be complex and typically require the assistance of an experienced attorney familiar with immigration law and the procedures involved in filing such actions. At Lunel Law, we can represent you during this legal action.