What to Expect After Suing the Government for Unreasonable Immigration Delays (Mandamus)

When dealing with an immigration process that seems to drag on indefinitely, some applicants consider taking legal action against the U.S. government. This course of action is typically pursued when there has been an unreasonable delay in processing an application. If you’re in this situation, understanding what happens next is crucial.

1. Initial Period of Silence
   After you file a lawsuit against the government for unreasonable delay, the first few weeks might feel unnerving due to the lack of activity. By law, the government has 60 days to respond to the complaint and summons. During this period, there’s usually minimal communication as the government reviews the case. While it may seem frustrating, this phase is just the calm before the storm.
2. The Government’s Response: Settlement or Fight
   Once the 60 days are up, the government has two primary options: settle the case or fight it. Settlements are common because government attorneys often prefer to avoid prolonged litigation over delays. To facilitate a settlement, these attorneys might contact USCIS or the relevant consulate to see if there’s a way to expedite your application. If settlement discussions are fruitful, your case could resolve without the need for further court involvement.
3. If the Government Chooses to Fight
   If the government decides to fight the lawsuit, they typically do so by filing a motion to dismiss the case. This action puts the decision in the hands of a judge. While a motion to dismiss might sound intimidating, it’s important to remember that many judges have ruled in favor of applicants, agreeing that excessive delays are unreasonable. Therefore, having your case heard by a judge could potentially work in your favor.

Filing a lawsuit against the government for unreasonable immigration delays can be a daunting process. However, understanding the possible outcomes—initial silence, the potential for settlement, or the government’s decision to fight—can help you prepare for what’s ahead.

If you’re facing unreasonable delays in your immigration process, understanding the legal landscape can make a significant difference. Whether the government chooses to settle or fight, being informed and prepared is key to navigating this challenging situation. Schedule a consultation with us today to explore your options and take the next steps in your immigration journey.