Certainty and Mandamus Lawsuits For Immigrants

[Also available on LinkedIn.]

Mandamus lawsuits are effective tools used to efficiently force an adjudication of an unreasonably long delayed immigration application.

One common concern that immigrants have when deciding whether to file one is how certain they can be it will work. The answer is that mandamus cases produce positive results for most people that file them assuming they have a viable case.

However, a positive result is not guaranteed. Sometimes the Government fights a case and wins. In that scenario, your application is generally in the same position it was in before filing the lawsuit. No better or worse. So while positive outcomes and victories happen most of the time, it’s not certain.

Here’s what IS certain. Mandamus cases work much better than the alternatives. The alternatives include letter writing, calling USCIS, Omsbudsman inquiries, letters from politicians, expedite requests and quietly waiting.¬†All of those tools have their place and may be worth trying, but they don’t produce results nearly as well as a lawsuit.

If you have a viable case that is unreasonably delayed and the timing of the decision is important to you, a mandamus lawsuit filed by a seasoned litigator is your most powerful tool. That is certain.