USCIS stopped responding to your case?

A Writ of Mandamus is a federal court order that compels a government agency (like USCIS, the State Department, or the FBI) to do its duty. In the context of immigration, it’s a lawsuit filed to force a decision on a case that has been delayed far beyond a reasonable timeframe.

No. A Mandamus action forces a decision, not a specific outcome. The court is telling the agency, “You must finish processing this,” but the agency still has the discretion to approve or deny based on the merits of your case. However, most people filing Mandamus have strong cases that are simply “stuck.”

There is no “magic number,” but generally, if your case is outside of the published USCIS processing times or has been pending for over a year without a valid explanation, you may be a candidate. “Reasonableness” is the legal standard we use.

Mandamus is commonly used for:

• Form I-485 (Adjustment of Status)

• Form I-130 (Petition for Alien Relative)

• Form N-400 (Naturalization)

• Employment Authorization (EAD)

• Pending Visa Interviews at U.S. Embassies

This is the most common fear, but the answer is no. Retaliation is illegal. In fact, filing a lawsuit often moves your file from a dusty shelf to the desk of a government attorney whose job is to resolve the matter quickly to get the case off their docket.

Once the lawsuit is filed and the government is served, they typically have 60 days to respond. In many instances, the agency will settle the case by issuing a decision before those 60 days are even up.

In the vast majority of cases, no. Most Mandamus actions are resolved through negotiations between your lawyer and the Assistant U.S. Attorney, or through a motion. You likely won’t ever step foot in a courtroom.

Yes, we offer personalized consultations to assess your situation, answer your questions, and provide expert advice on how to proceed. Contact us today to schedule your consultation!

Yes. We know money can be tight. We offer flexible monthly payment plans so you can hire a top lawyer without stress. We will tell you all costs upfront—no hidden fees.

Yes, we understand that affordability is important. Santos Khoury offers flexible payment plans to ensure you can access the legal assistance you need without added financial stress.