Immigration Services
Writ of Mandamus

Writ of Mandamus

The immigration process can be challenging. Although you are trying to obtain your green card, red tape can make the procedure lengthy. There are many obstacles that you may need to overcome in the process, and sometimes your case may be stalled. In some instances, a writ of mandamus might be helpful. An Illinois immigration attorney will help you obtain a green card.

What is a Writ of Mandamus?

A writ of mandamus is a civil legal request to the court to remedy an action that is not yet resolved. In the case of immigration, a writ of mandamus asks the Federal court to require the USCIS or State Department to make a decision on your case. In effect, the writ of mandamus is a request to speed up the process when a case is taking too long. The court will effectively require the USCIS to take action on your original petition.

How a Writ of Mandamus Can Speed Up Your Immigration Case

The USCIS is busy and likely overworked. They have many more requests than they can handle in an acceptable length of time. As a result, some people can wait months or even years to receive a decision on their immigration petition. The writ of mandamus is a way to ask the higher court to intervene on your behalf and force the USCIS to make a decision in your immigration case. The USCIS must respond to a writ of mandamus within 60 days.

How to File a Writ of Mandamus

The Administrative Procedures Act (APA) is a federal law that allows an applicant to file a lawsuit against the USCIS or other federal agencies. To request a writ of mandamus, you must be able to prove to the court that you have the right to request relief. You must also show that you have exhausted all other forms of remedy. In other words, the writ of mandamus is often considered a last resort. To begin the process, you must file a petition in Federal court.

What Happens After I File a Writ of Mandamus?

The Federal court judge will review the writ of mandamus and make a ruling. The judge will then mandate the USCIS to perform their duties. The USCIS must then review your immigration case in a timely manner. The USCIS must respond to the mandate within 60 days or request an extension. Generally, the USCIS will review your case and make a determination. It is important to note that a writ of mandamus does not guarantee the outcome of the case. Instead, it simply requires the USCIS to complete its review of your petition. They will approve or deny your petition based on the details of your case. An experienced Illinois immigration attorney will assist you with the process of requesting a writ of mandamus.

If the immigration process is taking longer than it should, you may be able to request a writ of mandamus. Discuss the matter with our skilled immigration attorneys at Sverdloff Law Group at (312) 238-9090 today.

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