What is a mandamus lawsuit?
A mandamus lawsuit is filed to force the government to perform some duty or act that they are legally required to perform. In the immigration context, USCIS, embassies/consulates and other federal agencies are legally required act on immigration applications – they cannot simply leave the application pending for an unreasonable amount of time. When they have delayed acting on your application, a mandamus lawsuit is a useful tool to force the government to make a decision.
What type of cases qualify for a mandamus lawsuit?
Nearly any type of delayed immigration application qualifies for a mandamus lawsuit if it is outside of normal processing time. Our firm has filed successful lawsuits for various types of applications – green cards, citizenship, spousal immigrant visas, employment or investor-based immigrant visas, non-immigrant visas such as F-1, J-1 or H-1B, refugee and asylee follow-to-join cases, I-130’s, and even for delays in issuing or renewing passports.
What if I am from a country affected by the travel ban?
We have filed dozens of lawsuits for individuals who were affected by PP9645 for spouse/fiance visas, visas for parents and children, and for EB-1, EB-2, and EB-5 applicants. While travel ban cases typically take a bit longer to resolve than other types of mandamus lawsuits, we have had overwhelming success with these types of lawsuits both during the validity of the travel ban and after its revocation.
Can I file my case with a group of plaintiffs?
We have filed many lawsuits on behalf of groups of plaintiffs who are experiencing the same type of immigration benefit delay. There are pros and cons to joining a group lawsuit. The benefit is that the cost per person is usually less. The drawback of group lawsuits is that we have found it sometimes takes a bit longer for each plaintiff to get a final decision on their application. This is because there is one US Attorney assigned to the case and that one attorney then has to inquire with the State Department and/or embassy on behalf of many plaintiffs. When a case is filed by an individual plaintiff, the US Attorney only has to inquire about that one plaintiff, which means the case typically gets moving faster and will receive a final decision faster. Thus, if you are on an extremely tight deadline for when you must receive your visa and enter the US, filing individually is usually recommended. If you have a bit more flexibility with your entry date, then filing as part of a group may be a good option for you.
Will the government deny my case if I file a mandamus lawsuit?
No, your application will NOT be denied simply because you filed a lawsuit. If there are criminal issues, negative immigration history, inadmissibility issues, or other reasons why the application should be denied, then of course a denial is always possible. However, the filing of the lawsuit itself will not cause a denial – it will only speed up getting an answer.
Can the court force the government to approve my case?
In most cases, the court can only force the government to make a decision on your application – they cannot force an approval. However, there are some limited exceptions to this. Each case should be evaluated on an individual basis and when we assess your case we will advise you of the options for your case.
What if my background check or administrative processing is not complete?
When we file a lawsuit, we ask the court to force the government to make a decision on your application. If your background check or administrative processing is not yet complete, then we also ask the court to force the government to expedite your background check so that a decision can be made. Even if your background or administrative processing is not complete, that doesn’t mean you will get denied. Typically your background check will be expedited and then you will receive a final decision on your case.
Can you file a mandamus lawsuit against an embassy or consulate?
Yes. Many attorneys think that a mandamus lawsuit can only be used against USCIS. However, we have filed hundreds of mandamus lawsuits against U.S. embassies and consulates – including Jerusalem, Ankara, Abu Dhabi, Yerevan, Riyadh, Islamabad, Kabul, Amman and Cairo – just to name a few. The majority of our lawsuits are for consular applications and we know the intricacies of dealing with these types of cases.
How long will it take to get an answer on my application once the lawsuit is filed?
Once we file the lawsuit, the government has 60 days to file their answer with the court. That means they have to file a response to the complaint, not that your application must be adjudicated within 60 days. However, many cases are resolved prior to the 60-day answer date, particularly for nonimmigrant visa applications and USCIS applications.
Sometimes the government will ask for an extension of time to file their answer with the court because they need more time to process the case. Most mandamus lawsuits are resolved in 2-4 months, but occasionally they can take longer if there are complicated issues with the case, or if the government files a motion to dismiss.
How much experience do you have with mandamus lawsuits?
Attorney Nimer has filed 300+ federal court lawsuits, the majority of which were for immigration delay cases. Her mandamus lawsuits have had an overwhelming success rate. Of course we can’t guarantee that you will be approved, but our firm has unparalleled experience with mandamus lawsuits and has been able to successfully win even very complicated cases involving national security issues.
While we cannot predict with certainty the outcome of any immigration application, we thoroughly screen each client for any problems with the underlying application prior to filing the lawsuit. We take time to review your history so that if there are any obvious problems with your case, we can discuss how to best proceed. Sometimes we will recommend making amendments/corrections to your application or submitting additional evidence prior to filing the lawsuit, or sometimes we will do this in parallel with the lawsuit. Each case is different, and we take the time to thoroughly assess the best course of action for each individual client.
How much does it cost to file a mandamus lawsuit?
Our attorney fees are assessed on a case by case basis according to the specific facts present in your case and the type of immigration application involved. We make every effort to keep our fees as affordable as we can, and we will give you a detailed assessment of your attorney fee during your initial consultation. For most cases, we can offer a payment plan or a discount for prepaying the entire amount up front.
