Delay Litigation or Mandamus

The mandamus process in immigration refers to the filing of a mandamus lawsuit by an individual against U.S. government agencies when there are delays or inaction in the processing of their immigration case.

 Mandamus is a legal remedy that compels a government agency to fulfill its statutory duties in a timely manner.

If you are facing unreasonable delays or inaction by U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), or other immigration agencies, consider filing a lawsuit against the government

We file a mandamus lawsuit in federal court against the relevant government agency responsible for the delay.

The lawsuit typically seeks a court order compelling the agency to take action on the pending immigration application or petition.

The lawsuit is served on the U.S. Attorney General, the head of the relevant immigration agency, and any other appropriate parties.

The government has a specified period to respond to the lawsuit, explaining the reasons for the delay and whether they intend to take action.

The government may choose to address the delay or oppose the lawsuit.

If the court finds that the delay is unreasonable and the agency has not provided sufficient justification, it may issue a court order (writ of mandamus) directing the agency to process the immigration case.

Upon receiving the court order, the agency is expected to comply by taking action on the immigration case.

 

You deserve to have a decision on your case, and attorneys at Koloko Immigration can help