Complaints for Writ of Mandamus

Has your application or petition been pending for a long period of time? USCIS is required to make a final decision on your petition or application within a reasonable time. Where USCIS has failed to make a decision on your petition or application, a complaint for writ of mandamus can be an effective tool. There is no timeframe in which USCIS is required to adjudicate a petition or application. However, if your petition or application is outside normal processing times, you may be able to ask the U.S. District Court to compel USCIS to take action on your petition or application. Filing a complaint for a writ of mandamus is appropriate where your petition or application is outside normal processing times and you have made several attempts to resolve the unreasonable delay with USCIS. Such attempts can include submitting an e-Request, placing inquiries through USCIS’s Contact Center, submitting inquiries through a congressional representative, and attending infopass appointments at the local field office. Filing a complaint for writ of mandamus does not guarantee USCIS will approve your petition or application, but rather pushes USCIS to take action on your pending petition or application. The U.S. District Court cannot approve or deny your petition or application.