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FAQs on Writ of Mandamus Actions

FAQs on Writ of Mandamus Actions

PUBLISHED ON: June 17

What is a Writ of Mandamus?

A writ of mandamus is a legal order that requires the USCIS or State Department to decide your immigration case. The order mandates the USCIS to stop delaying the review and decision of your immigration matter. You can request a writ of mandamus from a federal court when the USCIS or State Department is taking an inordinate amount of time to decide your case. You can request a writ of mandamus in various types of immigration cases

What is the Advantage of a Writ of Mandamus Action?

Once you submit your petition or application to the USCIS, you may not hear anything back for an extended period of time. The most important benefit of a writ of mandamus is that it can force the USCIS to review your case and make a decision. As a result, you will have some communication with the USCIS to learn the disposition of your immigration petition. The USCIS must respond to the writ of mandamus or request an extension within 60 days. 

Can a Writ of Mandamus Speed Up the Immigration Process?

The purpose of a writ of mandamus is to mandate the USCIS to take some action with your petition. This can certainly force them to review your petition and make a determination in cases where they were taking longer than the standard time. A writ of mandamus will require the USCIS to complete the review process for your immigration matter, and it could move your case up in line ahead of others who are also waiting. 

When Can I File a Writ of Mandamus?

Before you can file a writ of mandamus, you must meet certain criteria. You must show that you have a pending immigration case and that you have the right to seek relief. Additionally, you must prove that the USCIS has a duty to carry out the request and that there are no other legal remedies available. You can file a writ of mandamus after a reasonable length of time has elapsed without the USCIS making a decision on your petition. The length of time that may be considered reasonable could vary based on the type of petition that you originally filed. A knowledgeable immigration lawyer will assist you in determining when to proceed. 

How Long Will It Take for A Decision After Filing a Writ of Mandamus?

After the USCIS or State Department receives the writ of mandamus, they must comply in a timely manner. They have 60 days in which to respond to the mandate. The USCIS may review your matter within 60 days. However, there is no guarantee that they will complete the review within that time period. The USCIS has the option to request an extension, however, they must have a legitimate reason for the request. 

Will USCIS Deny My Case?

The writ of mandamus is a part of the legal process, which the USCIS accepts as part of the procedure. Therefore, the USCIS will not automatically deny your case simply because you filed a writ of mandamus. Instead, they will review the merits of your case to make a determination. Generally, you can use the writ of mandamus as a last step when you have been unable to get results through any other method. 

A writ of mandamus may be an option to help you resolve your immigration issues more quickly. Our Illinois immigration attorneys are here to help you through the process. Contact us today at Sverdloff Law Group at (312) 238-9090 to discuss your immigration questions.

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