A mandamus lawsuit can compel USCIS to act on a long-pending case — but only if the agency is legally allowed to do so. If visa retrogression occurs and the applicant’s priority date is no longer current, USCIS is barred from adjudicating the case, even if a lawsuit has been filed.

A recent case we handled illustrates the narrow window available in these situations.

Our client had an I-485 adjustment of status petition that had been pending for a long time. He retained us in late February while his priority date was still current, and we filed a mandamus complaint shortly thereafter.

In early March, the April Visa Bulletin was released — announcing a retrogression for his category that would take effect April 1. This gave us only a few weeks before USCIS would be legally barred from taking further action.

We contacted the U.S. Attorney’s office assigned to the case to emphasize the urgency of the situation. Because of our existing relationship and the time-sensitive nature of the matter, the case was fortunately expedited. The client received a prompt biometrics appointment and his I-485 was approved just days before the retrogression took effect.

When a petition is delayed and the priority date is current, it’s important to act quickly if there’s a risk of retrogression, which can significantly extend wait times.