WRIT OF MANDAMAUS 101

“Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance.”- U.S. Department of Justice.

Awaiting a decision from the USCIS for a case can be a nerve-wracking situation. When the USCIS fails to provide a final outcome for the case within the expected timeframe, even after sending repeated petitions, requesting updates, the waiting period can extend into months and even years in some cases. This situation leaves applicants in a legal limbo about their immigration status. In such a scenario, after having exhausted all legal options, the applicants are left with one legal remedy, which is usually used as a last resort, that is the Writ of Mandamus.

A Writ of Mandamus is a legal remedy that an individual can seek when they believe a government agency has failed to fulfil a legal duty. In the context of U.S. immigration, if an applicant experiences an unreasonably long delay in the processing of their case, they can file a lawsuit in federal court against U.S. Citizenship and Immigration Services (USCIS). Through this petition, the applicant requests the court to order USCIS to take action and issue a decision on their case.

A Mandamus does not guarantee that you get a positive result in your application. It simply forces the USCIS to make a decision on your case,i.e. either they approve your visa application, deny your visa application or provide you a proper explanation on the delay and what can be done to move forward. This ensures you get your answer instead of sitting anxiously for an answer for an indefinite period of time.

How to Determine if a USCIS Delay is Unreasonable

Under the Administrative Procedure Act (APA), federal agencies like USCIS are required to carry out their duties within a reasonable timeframe. If an applicant is facing a prolonged delay in your immigration case, it’s important to assess whether the delay has become unreasonable before considering legal action such as a Writ of Mandamus. Here are the steps to help you evaluate:

1. Compare Your Case Against USCIS’s Standard Processing Time: Begin by checking the current estimated processing times published by USCIS for your specific case type and service center. Then, compare this with how long your case has been pending.

2. Allow Reasonable Time Beyond the Estimate: If your case has only recently gone beyond the normal processing timeframe. By a few weeks or even a couple of months; it may be reasonable to wait a little longer. Temporary backlogs or staffing issues can cause short delays.

3. Assess Ongoing Delay Despite Follow-ups: If your case is significantly delayed, well beyond the standard timeframe and you’ve made multiple inquiries or service requests without a meaningful response or resolution, it may indicate an unreasonable delay. At this point, and after exhausting all available administrative remedies, you may consider filing a Writ of Mandamus as a last resort.

A Mandamus petition should only be pursued when you have no other legal remedy available and USCIS has failed to act despite being under a legal obligation to do so within a reasonable period.

What are the Potential outcomes?

1. Case is adjudicated: A decision has been made in the case. This is the most common outcome.

2. Case is transferred: USCIS may move the case to the appropriate jurisdiction for faster processing in case your case is stuck in the wrong office.

3. Explanation for the delay: A detailed explanation will be given by the USCIS, in order to allow the applicant to take further action if deemed necessary by the applicant.

Parties Involved in a Mandamus Lawsuit and Why They Are Sued by Applicants

1. USCIS

i) They handle almost all immigration related queries, immigration benefits and has the final say in visa applications.

ii) USCIS often get sued for unreasonable delays which often happens due to security checks or administrative backlogs.

2. Department of States

i) They handle overseas visa applications at U.S. embassies and consulates abroad.

ii) They tend to get sued by the applicants when they leave a visa application pending indefinitely due to administrative processing.

3. Executive Offices of Immigration Review (EOIR/Immigration Courts)

i) While a Writ of Mandamus typically does not challenge the decisions made by immigration judges, it can sometimes be used to compel action on delayed decisions or unresolved procedural matters within the immigration court system.

A Case Study where Writ of Mandamus was used

Antonio Costa, a legal permanent resident of the U.S. since 1994, applied for naturalization in 2005. USCIS scheduled him for an interview, but later cancelled it and never rescheduled. After waiting more than two years with no progress, Costa filed a lawsuit in 2007, asking the court to force USCIS to process his application and the FBI to complete a background check required for naturalization.

Costa relied on laws like the Administrative Procedure Act (APA) and the Mandamus Act, which allow courts to step in when government agencies unreasonably delay action they’re required to take. The court looked at whether the agencies had a legal duty to act. It found that USCIS does have a clear obligation to process naturalization applications within a reasonable time, but the FBI does not have a legal duty to complete background checks within a specific timeframe.

The court ruled that it had the authority to hear Costa’s case against USCIS, so that part of the lawsuit could move forward. However, it dismissed the case against the FBI, finding no legal basis to force the FBI to act. The court made it clear it was not deciding whether Costa should be naturalized—only that USCIS had to stop delaying and move the process forward.