Writs of Mandamus, AKA Lawsuits Against the Government
The immigration process can be complicated and lengthy. In some instances, the United States Citizenship and Immigration Services (USCIS) may be taking too long to process your request. If this occurs, there may be a reason to take legal action. Lawsuits against the government are also known as writs of mandamus. These requests are filed to request the court to mandate the USCIS to make a decision.
When is a Writ of Mandamus Necessary?
There are many requirements that must be met when submitting visa petitions. Once all of the necessary evidence and documentation has been submitted, the USCIS will review your application and make a determination. If the process is taking too long, it may be necessary to get help trying to speed it up.
Visa Delay Must be Unreasonable
In order to bring a writ of mandamus the delay on your case must be considered unreasonable. This definition is rather vague. However, generally, you must have done everything asked of you and supplied all supporting documentation that was requested. If you have tried unsuccessfully to get a status on your case, it may be time to take further action. Your attorney will review your situation and help determine the best way to proceed.
Filing a Writ of Mandamus
A writ of mandamus is a lawsuit requesting that action be taken. In this case, the action you want to be taken is for your visa application to be reviewed and, hopefully granted. The writ of mandamus is essentially a lawsuit that is brought against the Department of Homeland Security Secretary, the Director of the USCIS, the Federal Bureau of Investigations, or others. The lawsuit should be brought against the department or party that is holding up the visa.
A Writ of Mandamus is a Request for a Decision
It is important to realize that a writ of mandamus is only a request for the judge to require action to be taken regarding your visa. If approved, the judge will order the responsible party to complete the visa process. An approval does not mean that your visa will be approved. It must still be approved using the necessary criteria.
Resolving Delays in Visa Approvals
Visa approval delays are common. Sometimes people wait several or more years without having any decision made on their visa. In these cases, simply filing a writ of mandamus may help to speed up the process. In some situations, the attorney for the government will ask for an extension during which time the visa problem is resolved. Then, the lawsuit can be dropped without the need for further action. If you have been waiting too long for a visa decision, contact the legal team at Udall Shumway PLC to schedule a consultation today.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Writs of Mandamus, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.