Can you file a viable Mandamus/APA lawsuit if your application is still within “normal” processing times?

[Also available on Reddit.]

Absolutely, a case can be unreasonably delayed and therefore actionable even if it is still within the stated USCIS processing time range. As one federal judge in Illinois recently ruled, “an unreasonable delay that applies to every applicant is still unreasonable.” On the flip side, just because a case is outside the stated processing time range does not alone necessarily make it per se unreasonable.

In addition to the length of delay and stated processing times, the individual facts of the case and jurisdiction where the case would be filed must be weighed when determining the strength of a potential immigration lawsuit for unreasonable delay.