Dealing with long delays in your immigration case can be incredibly frustrating, leaving you in limbo. If you’ve filed a writ of mandamus lawsuit to compel action from U.S. Citizenship and Immigration Services (USCIS), you’re likely anxious to find out the status of your case. As a mandamus lawyer, I’m here to walk you through how to check on your lawsuit and what to expect.
We are an immigrant’s rights firm providing access to federal lawsuits directly to immigrants and on their behalf. Talk to a mandamus attorney at the Law Office of Jessica T. Arena by calling 1-541-525-3341 today.
Understanding the Lifecycle of a Mandamus Lawsuit
When you file a writ of mandamus against USCIS, your case enters the federal court system. The typical steps in a mandamus case include:
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Filing the complaint and serving USCIS and other government defendants
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Waiting for the government’s response, usually due within 60 days
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The judge issues an order, either compelling action from USCIS or dismissing the case
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If successful, USCIS must adjudicate your long-delayed application within a specific timeframe set by the judge
The entire process often takes several months, from filing to resolution. However, over 80% of cases resulted in USCIS being compelled to adjudicate the delayed application.
How to Check Your Mandamus Case Status
There are a few ways you can monitor the status of your mandamus lawsuit against USCIS:
PACER (Public Access to Court Electronic Records)
You can register for an account on PACER, the federal judiciary’s centralized website, to access court records. There is a small per-page fee to view documents. Once logged in, you can search for your case using the court where it was filed and your case number. PACER will show you all the documents filed in the case and any orders issued by the judge.
Contact Your Mandamus Attorney
Perhaps the easiest way to get a status update is to contact your immigration delay lawyer, handling your mandamus case. Your attorney will be monitoring the case and can provide you with the most recent developments and explain what they mean for your immigration application.
Check the Court’s Website
Some federal courts have a search function on their website where you can enter your case number and see the docket of filings and orders, similar to PACER. However, not all courts have this feature, and some only show limited information compared to PACER.
What Happens After a Successful Mandamus Case?
If the judge grants your mandamus petition and compels USCIS to act, the agency must adjudicate your application, usually within 30-60 days. However, this doesn’t guarantee approval—USCIS could still deny the application. In most cases, getting them to review the application leads to approval.
Once USCIS makes a decision, they will update your case status in their online system and send you a notice by mail. If approved, you would receive the green card or other immigration benefit you applied for. If denied, you may have the right to appeal, depending on the type of application.
Getting Help from a Mandamus Lawyer
Suing the government is complex, so having an experienced mandamus attorney handle your case is critical. Look for an immigration delay lawyer with a proven track record with mandamus lawsuits and who is well-versed in this specified area of law.
While checking your case status is essential, your mandamus lawyer will be in the best position to keep you informed and counsel you on the best strategy for getting your application adjudicated as quickly as possible.
FAQs About Mandamus Lawsuits for Immigration Delays
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How long does a typical mandamus lawsuit against USCIS take?
Most mandamus cases take one to three months to receive a decision from USCIS.
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What is the writ of mandamus based on?
A mandamus lawsuit is based on the Administrative Procedure Act. This federal law allows courts to compel government agencies to take action on matters where they have a non-discretionary duty to act.
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Can I file a mandamus case without a lawyer?
While it’s possible to file a mandamus pro se (representing yourself), it’s not advisable. Suing the federal government involves very complex procedures and laws, so it’s crucial to have an experienced mandamus attorney handle your case.
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How much does it cost to hire a mandamus lawyer?
Legal fees for a mandamus lawsuit vary, but most lawyers charge a flat fee plus the court filing fee and other costs. Some offer payment plans to make it more affordable.
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What is the success rate of mandamus lawsuits?
Mandamus lawsuits have a very high success rate since federal law clearly states that USCIS must adjudicate immigration applications within a “reasonable time.”
Work with a Mandamus Lawsuit Lawyer
Don’t let immigration delays keep you in limbo any longer. Talk to a mandamus attorney at Law Office of Jessica T. Arena by calling 1-541-525-3341 today to schedule a consultation. Take the first step towards resolving your case and moving forward with your life.
