Experiencing a prolonged delay in your immigration application can be incredibly frustrating, especially when it feels like there’s no end in sight. However, there is a legal recourse available: a mandamus action. Here’s what you need to know about suing USCIS or a consulate for taking too long to decide on your application.
1. Yes, You Can Sue the Government for Unreasonable Delays
If you’re dealing with an extended delay on applications ranging from work permits to green cards, you have the option to sue the government. This type of lawsuit is known as a mandamus action. The purpose of a mandamus action is to address unreasonable delays by asking a court to compel the government to take action on your application. It’s a legal strategy that applies to many types of immigration applications, offering a way to move your case forward.
2. A Mandamus Action Isn’t About Forcing Approval
It’s important to understand that a mandamus action does not demand that the government approve your application. Instead, it asks the court to instruct USCIS or a consulate to fulfill its duty and make a decision, whether that decision is an approval or a denial. The goal is to ensure that your application doesn’t remain in limbo due to inaction.
3. When All Other Options Have Been Exhausted
If you’ve tried everything to nudge your application forward without success, a mandamus action can be a powerful tool. By bringing the case to a neutral judge, the government is held accountable for any unreasonable delays. The court’s involvement often prompts USCIS or the consulate to act more promptly, helping you get the resolution you deserve.
Conclusion
Mandamus actions offer a practical solution when you’re stuck waiting for an immigration decision with no clear end in sight. By understanding this legal option, you can make an informed choice about whether to pursue it and potentially expedite your application process.
If your immigration application has been delayed indefinitely, understanding the power of a mandamus action can be crucial. Consulting with an immigration attorney can help you decide if this legal strategy is right for you.
