When an immigration application seems to drag on indefinitely, far beyond the posted processing times with no end in sight, some applicants consider a powerful legal tool: suing for immigration delays. This course of action is typically a Writ of Mandamus lawsuit. A Mandamus action doesn’t ask the court to approve your case; it simply asks the court to order the government agency (like USCIS or a U.S. consulate) to do its job and make a decision. If you are in this frustrating situation, understanding what happens after the lawsuit is filed is crucial.
The Initial Wait: What Happens After Suing for Immigration Delays?
After you file a lawsuit against the U.S. government for an unreasonable delay, the first few weeks might feel unnerving due to the lack of activity. This is normal and expected. By law, the government is given 60 days to file a formal response to your complaint and summons.
During this 60-day window, your complaint is served on the U.S. Attorney’s Office for the district where you filed, which acts as the government’s legal defense team. They, in turn, forward the lawsuit to the relevant agency (USCIS, Department of State) and request the complete file for your case. An attorney for the government will then review your case and the history of the delay to assess the legal risks of fighting the lawsuit. This is an internal review process, so while it may seem frustratingly quiet on the outside, this is a critical phase of internal legal and agency review.
The Government’s Response: Settlement or Fight
Once the government’s attorney has reviewed your file and the 60-day period nears its end, the government has two primary options: it can seek to settle the case, or it can decide to fight it.
The Path to an Immigration Lawsuit Settlement
Settlements are a very common outcome in these types of lawsuits. This is often a strategic decision by the government. It is frequently cheaper, easier, and less risky for the government to simply agree to adjudicate your case than to spend time and resources in court arguing about why the case has been delayed for so long.
An “immigration lawsuit settlement” doesn’t involve a monetary payment. Instead, the government’s attorney will contact you (or your attorney) and propose an agreement. In exchange for you agreeing to drop the lawsuit, the government agrees to make a final decision on your long-pending application within a specific, negotiated timeframe, such as 30, 60, or 90 days. This is the primary goal of the lawsuit: it breaks the administrative logjam and forces a decision, allowing you to finally move forward.
What If the Government Fights the Lawsuit?
If the government decides to fight the lawsuit, its typical response is to file a “motion to dismiss” the case. This legal maneuver effectively asks a judge to throw the case out before it ever gets to a full hearing. The government may take this step if it believes it has a strong legal defense, such as if the delay, while long, is not legally “unreasonable” (perhaps due to a pending security check or visa number retrogression), or if the case involves complex issues.
While this motion might sound intimidating, it is a standard legal tactic. Many judges have reviewed such motions and ruled in favor of applicants, agreeing that excessive and unexplained delays are indeed unreasonable and that the applicant has a right to a decision. Having a judge review the case can ultimately work in your favor.
Charting Your Path Forward
Filing a lawsuit for an unreasonable delay by USCIS can be a daunting process. It is important to remember that the lawsuit does not, and cannot, guarantee an approval. The goal is to force a decision. That decision could be an approval, but it could also be a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or a denial. However, for most applicants, any decision is better than being stuck in an indefinite processing “black hole.”
Understanding the possible outcomes, from the initial 60-day silence to the strong potential for a settlement or the government’s decision to fight, can help you prepare for what’s ahead.
If you are facing unreasonable delays in your immigration process, understanding the legal landscape can make a significant difference. We invite you to download our free guides, sign up for one of our free webinars where you can ask questions, or schedule a consultation with us today to explore your options.
