Mandamus Lawsuit Against USCIS: Fighting Back Against Unreasonable Delays

By swipecreatif.agency/ April 3, 2025

If you’ve been waiting far too long for a decision on your N-400 (naturalization) or green card application, you’re not alone — and you’re not without options. Federal law gives applicants the right to challenge unreasonable delays by USCIS through a writ of mandamus — a powerful legal tool that compels the government to act.

As an immigration attorney, I’ve seen firsthand how these delays can disrupt lives, families, and futures. USCIS has a duty to process applications within a reasonable time, and when that duty is ignored, federal court is often the only way to get action.

What Is a Mandamus Lawsuit?

A mandamus lawsuit is a petition filed in federal court asking a judge to order a U.S. government agency — in this case, USCIS — to make a decision on a pending immigration application that has been unreasonably delayed.

Important: A mandamus lawsuit does not ask the court to approve your case. It simply demands a decision, whether it’s an approval or denial.

Common Mandamus Cases We Handle:

• N-400 Naturalization applications stuck for over a year with no interview or decision

• Green Card (I-485 or Consular Processing) cases delayed well beyond normal processing times

• Cases held in “security check” or “administrative processing” limbo with no movement

• Applicants stuck after interviews or biometric appointments, waiting for months or even years

Before Filing a Mandamus Lawsuit: What You Should Do

Federal courts require plaintiffs to show that they made reasonable efforts before turning to the court. That’s why we recommend completing the following steps first:

1. Check USCIS Case Processing Times:Compare your case to the posted processing times for your field office or service center.

2. Submit a Case Inquiry to USCIS:Use USCIS’s online tools to request an update if your case is outside normal processing times.

3. Call USCIS and Speak with a Tier 2 Officer:Escalate your inquiry by requesting to speak with a senior immigration officer.

4. Submit a Congressional Inquiry:Contact your local U.S. Representative or Senator’s office to intervene on your behalf.

5. FOIA Request (Optional):Submit a Freedom of Information Act request to obtain your full immigration file, if needed.

6. Document Everything:Save copies of all communications, inquiries, responses, and screen captures. These will be crucial when filing the lawsuit.

What Happens After Filing the Lawsuit?

Once the lawsuit is filed in federal court, the government has 60 days to respond. Often, USCIS will act on the case shortly after being served with the complaint to avoid litigation. In many cases, this means a long-stalled application finally receives movement — and a decision.

Ready to Take Action?

If your N-400 or green card application has been stuck for far too long and you’ve exhausted other options, a Mandamus lawsuit may be the most effective way to get results.

At Alabbassi Law Office, we’re experienced in filing these cases across the U.S. and holding the government accountable for delays. Contact us today to schedule a consultation and take the first step toward resolution.