Immigration Writs of Mandamus

By David Gottfried on March 13, 2020

So you filed an immigration case, everything is submitted and paid for, and now you’re waiting and waiting and…waiting. You call up the National Customer Service Center and they tell you your case is “awaiting security clearance” or “we’ll send an email to the office that has the file”. Maybe the government lost your file, or maybe they are just sitting on it, who knows. Months pass, then sometimes years, and you’re still waiting for your case to be adjudicated.

You don’t have to keep waiting indefinitely! In some cases you can file a lawsuit in Federal Court to force the government (Immigration, FBI) to do their job and process your case. This action is called a Writ of Mandamus, which is Latin for “to order”. While the court can not force the government to approve your case, it can force the government to expedite their processing and make a decision on it. In my experience, the government does not want to appear before a Federal Judge because they don’t have a good explanation for the delay. So the case miraculously gets decided shortly after the Mandamus lawsuit is filed. Here are some examples of recent Gottfried and Gottfried Mandamus cases:

  1. Client had an I-140 petition pending which was filed in January 2012 Mandamus lawsuit filed in June 2014 RESULT: In August 2014 the government was given a firm deadline to adjudicate the case

  2. Client filed for adjustment of status in September 2006 Mandamus lawsuit filed in August 2014 RESULT: Client was scheduled for an interview in October 2014

  3. Client had a pending derivative asylum claim which was filed in March 2012 Mandamus lawsuit filed June in 2015 RESULT: Client’s case was approved in September 2015

  4. Client had a pending I-360 case which was filed in August 2013 Mandamus lawsuit filed in September 2015 RESULT: Client’s case was approved in October 2015

  5. Client filed N-400 in July 2014, had an interview January 2016 Mandamus lawsuit filed in October 2016 RESULT: Client was sworn in as a US Citizen November 2016

  6. Client filed N-400 in March 2018, had an interview March 2019. Mandamus lawsuit filed September 2019 RESULT: Client sworn in as a US Citizen October 2019

  7. Client filed for adjustment of status, was interviewed November 2018. Mandamus lawsuit filed September 25, 2019 RESULT: Client approved October 23, 2019

  8. Client filed for adjustment of status April 2014, was interviewed in October 2014. Mandamus lawsuit filed September 2019 RESULT: Decision on case October 2019.

  9. Client filed adjustment of status February 2016, with her petition approved October 2017. Mandamus lawsuit filed in December 2019 RESULT: Client scheduled for interview January 2020

H-1b denial lawsuit filed November 2019, re-opened and approved January 2020 Job was as a Computer Game Designer, employee had a Master’s in Computer Game Design. Apparently, the initial officer who reviewed the case did not know what computer games are and was confused / wanted additional information which the client’s response did not clarify for him. So after the lawsuit, USCIS Vermont had a second officer review it who knew what computer games were and he confirmed that the job qualified.

H-1B denial, sent a complaint to the Assistant US Attorney in April 2020, one month later the denial was over turned.

If you have a case that may need a push to get reviewed by the government, give me a call and I can help you determine if filing a Mandamus or administrative procedures act lawsuit is the best solution for you.

Past results are not a guarantee of the results in future matters, and the outcome of a particular case or matter cannot be predicated upon a lawyer’s or our law firm’s past results. We do not make any guarantee, promise or other assurance that the same or similar results can be obtained in any matter we may undertake, and you should not assume that a similar result or outcome can be obtained by our law firm in your legal matter. The outcome of a particular matter depends on a variety of factors-including, among other things, the specific facts and circumstances of the matter, the applicable law and unanticipated events.