Some Reasons NOT to File a Viable Mandamus/APA Action to Address an Unreasonable Immigration Delay

[Also available on LinkedIn.]

Mandamus/APA actions are generally the most powerful tool available to get an unreasonably delayed immigration case adjudicated. However, just because you can force a decision doesn’t mean you should. Here are some situations where it may be wise to simply continue waiting or try another approach:

1) You have been counseled that your immigration petition has a high risk of denial.

2) The delay, while annoying, is not causing you any real problems or inconveniences.

3) There are still some low effort attempts to expedite your case. You have not tried them and can afford the time to try.

4) You have a quirky situation where the delay is somehow benefiting you.

Every case and every person is different, with their own unique concerns. Mandamus cases work, but they are not appropriate in every situation.