News & Insights

1. What Is a Mandamus Lawsuit?

A Mandamus lawsuit is a legal action filed in federal court to require a U.S. government agency, such as USCIS, to fulfill its legal duty. In the context of asylum:

• It forces USCIS to schedule an interview or make a decision on your pending case.
• It is not about the outcome of the case but about the government taking action.

Legal Basis: The lawsuit is based on the premise that the delay is unreasonable under the

Administrative Procedure Act (APA), which mandates timely action on immigration applications.

2. Why Was My Asylum Case Delayed?

Common reasons for asylum case delays include:

• Backlogs caused by high application volumes.
• Prioritization of newer cases under the Last In, First Out (LIFO) policy.
• National security background checks or complex case reviews.

If your case remains pending for years without a decision, filing a Mandamus lawsuit can push USCIS to prioritize your case.

3. How Filing a Mandamus Lawsuit Helped Expedite My Case

• Prompt Government Action:

  After the lawsuit was filed, USCIS scheduled an interview for November 2024. This is a common result, as agencies often act on delayed cases to avoid litigation.

• Case Approval:

  Following the interview, your case was approved. While the lawsuit does not guarantee a favorable decision, it ensures your case is adjudicated.

4. Steps to File a Mandamus Lawsuit

• Evaluate Your Case:

  • Ensure your asylum case has been pending for an unreasonable amount of time. Generally, cases delayed for more than 3-5 years may qualify.

• Consult an Immigration Attorney:

  • Filing a Mandamus lawsuit requires knowledge of federal court procedures. An experienced attorney can guide you through the process and ensure your case is strong.

• Gather Documentation:

  • Compile evidence of your asylum application, receipts, and any correspondence showing delays.

• File the Lawsuit:

  • Submit the Mandamus petition in federal district court against USCIS or other relevant government agencies.

• Await Response:

  • In most cases, the agency takes action shortly after the lawsuit is filed.

5. Considerations for Filing a Mandamus Lawsuit

• Cost: Filing a lawsuit can be expensive, but legal aid organizations or pro bono attorneys may assist.
• Timing: Mandamus is appropriate only when the delay is excessive and unreasonable.
• Risks: USCIS might deny the application if they believe it lacks merit, though this is rare if the case is well-prepared.

6. What to Do After Approval

Once your asylum case is approved:

• Apply for Work Authorization and a Green Card:

  • You can apply for a green card (permanent residence) one year after asylum approval.

• Include Family Members:

  • If you have immediate family abroad, consider filing Form I-730 (Refugee/Asylee Relative Petition) to reunite with them.