The writ of mandamus is “an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official’s discretion. It is usually only used when all other judicial remedies fail.
Well, if the agency charged with overseeing your case has taken what might be deemed an extraordinary amount of time to respond to your immigration case then it could be appropriate to file a lawsuit against the USCIS and other government agencies – according to the Administrative Procedures Act. This document states that when an agency (such as USCIS) is given a task to do by Congress, it has to carry out the responsibility within a reasonable time. It is the term ‘reasonable time’ that is up for interpretation.
If the individual brings suit against a government agency for unreasonable delays it does not mean that he or she will get an approval of their application – only that the individual has a right for a decision to be made regarding the status of such.
A writ of mandamus can have two outcomes. For instance, if a client has waited an extraordinary amount of time for the USCIS to approve their green card application; filing the writ of mandamus may cause the agency to make a decision which is often in the favor of the plaintiff. Unfortunately, though, this is not always true. Sometimes the review of the file brought on by the lawsuit reveals a problem in the alien’s immigration history that may result in removal proceedings. An experienced immigration attorney will be able to help you make the best decision regarding your case.
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