If ever you have waited seemingly forever for the action of some government agency, you are not alone.
Generally speaking, when people are dealing with immigration issues, they put themselves in limbo and wait for the result of their case, which feels like forever.
Fortunately, there is one legal tool that can hasten the process: a “writ of mandamus.”
We will discuss what a writ of mandamus is, how this works in application, and how it applies to immigration cases.
If one’s immigration journey has completely come to a standstill, this legal tool may be all it takes to give the green light to proceed with one’s future.
What is a Writ of Mandamus?
A writ of mandamus is simply an order by the court to some government agency, officer, or body to undertake an act required by the rule of law.
It forces action when there has been a denial or unreasonable delay in performing a lawful duty.
Though there are other legal situations in which writs of mandamus will apply, they are an important immigration law tool. This is because the decision delays may result in lengthy stress and uncertainty for applicants.
Historical Background
The writ of mandamus originated from common law and was first developed in courts in England to address remedies for administrative inaction.
With time, it has transformed into an instrument to ensure government accountability within legal systems like the United States.
Modern Application
Nowadays, a writ of mandamus is available when government officials or agencies fail to act on time.
In immigration law, examples may include an applicant’s visa/green card/naturalization application that has not been acted upon following an unreasonably long time.
The Mandamus Process in Immigration Cases
Immigration cases take time, with most applicants probably not knowing what is happening to their case for months, if not years.
This could be a good writ of mandamus to file in cases where other avenues have been pursued, and no decision has been reached.
When to File for a Writ of Mandamus
It is very important to know when mandamus is applicable before filing a writ of mandamus. Below are some cases where mandamus can come into play:
- You have filed an immigration application for a visa or green card and have heard nothing in several months or years.
- You have exhausted every other avenue of reaching the concerned immigration authorities, including the USCIS itself, and heard nothing from them.
- You have been and attempted to find relief through a congressional inquiry or the Ombudsman’s office without success.
Filing the Lawsuit
An attorney will prepare and file a writ of mandamus for you. The procedure steps to file a writ of mandamus require the following documents:
- The Complaint – A legal document known as a pleading that describes your case, the nature of the delay, and the agency’s legal duty to make a decision.
- Request for Relief – A formal request asking the court to compel the agency to act and decide regarding your immigration case.
- Supporting Evidence – This evidence may include prior correspondence with the immigration agency, your application records, and any other documents showing you have done everything to resolve this issue.
After filing, The court will decide whether to issue the writ and force the agency to take action on your case.
How a Mandamus Write Immigration Attorney Can Help
Immigration law itself is usually dense and complex for most people to comprehend.
Add this to situations where your case may be caught deep in government bureaucracy, which can be extremely frustrating.
This is where the expertise of an experienced Mandamus Writ Immigration Attorney comes in very handy.
1. Expertise in Handling Complex Immigration Delays
Mandamus’s attorney knows how to put together a case where they can demonstrate that the delay of your immigration process is unjustified and unreasonable.
They will be legally prepared to build arguments and present in court.
2. Meeting the Legally Set Deadline
Immigration delays are caused too often by the failure of agencies to meet their internal deadlines.
A qualified attorney not only timely files the writ of mandamus but also sees to it that the government acts in conformance with the court’s orders in a timely fashion.
3. Minimizing Litigation Stress
Let’s face it: dealing with immigration is stressful enough. Allowing an attorney to handle your mandamus action allows you to attend to other aspects of your life while the attorney handles the lawsuit.
Legal Requirements for a Writ of Mandamus
In the process leading to mandamus, it is important to appreciate that there are legal thresholds.
You cannot just file a writ of mandamus because you are annoyed that something is taking too long; there are thresholds.
- Legal Duty – There must be a non-discretionary legal duty to act on the part of the governmental agency.
In other words, it has a statutory duty to decide, yet discretion may exist regarding the decision.
- No Other Adequate Remedy – You must demonstrate you have no other option.
You must write to the agency, seek a service like the USCIS Ombudsman, and then write to the congressional offices for assistance. The agency would not issue a writ of mandamus where there is another remedy.
- Unreasonable Delay – You have to prove there has been an inordinate delay by the agency.
The Courts would normally consider many mitigating factors, such as complexity and standard processing times, when reviewing the excessiveness of the delay.
Risks and Benefits of Filing a Writ of Mandamus
However, filing a mandamus lawsuit is not without risks, but it can also be immensely effective. Let’s examine both sides.
Benefits
- Fast-Tracked Decisions – Once a writ of mandamus is granted, the government is legally bound to take action. This may result in swifter decisions about your immigration case.
- Increased Accountability – Government agencies are held responsible for their delays, which, over time, can create systemic changes.
Risks
- Possible Denial – In being made to decide, there is a possibility that the agency might deny your application. Again, the decision is appealable by itself.
- Legal Costs—Although mandamus lawsuits are effective, they may be expensive because they require the expertise of an attorney and court fees.
Conclusion
While dealing with government delays in immigration cases can be particularly frustrating, the writ of mandamus provides a strong mechanism to force action.
Knowing your rights through the mandamus process and working with an attorney can help you take control of your immigration case and move it in the right direction.
You cannot allow limbo to prevail with the red tape of bureaucracy; consider whether the writ of mandamus may be the solution you need. Contact an immigration lawyer to help you explore all your options and protect your rights.
