If your immigration case is taking too long, you might think about filing a mandamus lawsuit. Here are some steps you can take to prepare, so that when you are ready to file, you can move quickly and give yourself the best odds of success:
Try to speed things up before you file a lawsuit. You can do this by making an expedite request, contacting the USCIS Ombudsman, or writing letters to your local Congresspersons asking for help. Even if these steps don’t work, they can show you’ve done your part when you file the lawsuit.
Collect all the paperwork that shows your case is delayed. This could be filing receipts, letters from the government about your case, and anything else that shows you’ve tried to speed up the process.
If the delay is causing you, your family, or your company hardships, start writing down these problems to explain them in a clear and simple way.
If a law firm helped you with your petition, talk to them. Ask them what they think about your chances of getting approval for your petition. Think about whether the delay is good or bad for you. Sometimes people benefit from a delay.
Find the right law firm to help you with the lawsuit. This might not be the same firm that helped with your petition. Look for a firm that has specific experience with federal court cases, not just general immigration cases.
Consider whether you can afford to hire an attorney to help. If it will be a stretch, but you still want to proceed with an attorney, make a savings plan.
I’ll talk about what a lawyer should do when they evaluate a potential case and get ready to file it in a future post.