We know how frustrating immigration delays can be—especially when it feels like your case is stuck with no end in sight. Our law firm is here to help figure out if a mandamus lawsuit for administrative delays is the right solution so you can finally move forward.
If any of these unreasonable delays sound like yours, don’t wait. Schedule a consultation with us today. Let’s go through the mandamus eligibility guide together!
Mandamus Eligibility Check #1: Is Your Delay Long Enough?
A mandamus petition can help move cases stuck in administrative processing forward. Some cases qualify after 9 months, while others need a full year, depending on the court. A mandamus consultation can help you find the best timing if you’re unsure. This way you’ll get personalized guidance based on your unique situation.
What Is the Mandamus Legal Definition?
A mandamus petition for 221g delays is a legal action in which you ask a court to compel a government agency to take a specific action it has failed to do. Mandamus cases help things move forward if your immigration case has been stuck for a long time without progress. It's a way to make sure the government follows the rules and makes a decision on your case.
Mandamus Eligibility Criteria: Exceptions
Below are exceptions to the general qualifying criteria:
- Minnesota Cases: If you're a U.S. citizen or Legal Permanent Resident (LPR) in Minnesota, you may need to file if your case has been stalled for one year since DQ (pre-interview cases) or one year since the interview.
- U.S. Embassy in Nairobi: The delay must be at least 18 months since DQ or one year since the interview before filing.
- Delayed Diversity Lottery Cases: These are time-sensitive since the deadline is September 30 of each fiscal year. If the visa isn't issued by then, the opportunity can be lost forever. It's important to book a consultation as soon as you can. This will ensure you get personalized help with your DV Lottery case.
Mandamus Eligibility Check #2: Visa Bulletin Review and Wait Time
The monthly Visa Bulletin gets released around the 15th of each month.
- If your priority date is current but you haven’t had your interview yet, your mandamus eligibility typically is determined between 9 to 12 months from the DQ date.
- If you already had your interview, we’ll wait 9 to 12 months after the interview unless there is an extreme hardship (more on this below).
What Qualifies as An Unjustified Delay?
It’s time to take mandamus lawsuit action if your administrative delay exceeds the given timeframes!
Mandamus Eligibility Check #3: Is There an Unjustified Delay?
This is where different immigration agencies come into play. Each has its own processing timeframe:
- USCIS:
- United States Citizenship and Immigration Services Delays are considered excessive if 18 months have passed since the application was filed.
- NVC:
- Mandamus eligibility is considered if your case is delayed between 9 to 12 months after being marked as Documentarily Complete (DQ).
- Embassy/Consulate:
- Post-interview cases in court: Delayed if 9 to 12 months have passed in Administrative Processing (AP) after the interview.
- Documentarily Complete (DC) cases: Delayed if 9 to 12 months have passed in AP.
Mandamus Eligibility Check #4: Extreme Hardship – Is It Real and Applicable?
Extreme hardship is a crucial factor in determining your mandamus eligibility. For the case to succeed, we must demonstrate that there is a genuine hardship. This can include:
- Physical, emotional, or mental hardship: For example, a family member in the U.S. who is sick or disabled and depends on the applicant.
- Economic hardship: If the delay is causing financial problems for the applicant or their family.
Evidence of extreme hardship will be required, so gathering medical records or other relevant documents is important.
What Qualifies as Extreme Hardship?
Extreme hardship can include a family emergency, a health crisis, or any other situation that makes the wait unbearable for you.
Mandamus Eligibility Check #5: Is This a Legitimate Immigration Case?
We aim to ensure that your case has a fair chance under normal circumstances. We verify the following when assessing your mandamus eligibility:
- Does the case qualify for a visa under standard conditions?
- Are there any issues like criminal records, immigration fraud, or ongoing legal cases?
If any of these situations apply, we may need to wait before filing the Mandamus lawsuit or even reconsider the case.
Mandamus Eligibility Check #6: Processing Times – When Can We Start?
Once we confirm your mandamus eligibility, we can begin preparing the lawsuit. This will happen three months before the usual processing time is over. This gives us time to organize the case and ensure that you can cover the mandamus lawsuit costs.
Mandamus Requirements Important Notice:
Mandamus lawsuit timelines can vary depending on the court.
Some cases can be eligible 9 to 12 months after DQ. Some cases can also be eligible 9 to 12 months after the interview took place. However, this is not always true.
It’s best to schedule a consultation with a Writ of Mandamus lawsuit lawyer in Boston to get the best advice on when to move forward with a lawsuit.
📌 Mandamus Eligibility: Key Timelines for Common Cases
- Marriage Visa (U.S. applicant): 18 months since the petition was filed; between 9 to 12 months since the case was DQ; between 9 to 12 months since the case was placed on AP.
- Marriage Visa (LPR applicant): Check the Visa Bulletin. If the category is current, we follow the same timelines as above.
- Fiancé Visa (K-1): 18 months since the petition was filed; between 9 to 12 months since the case was DQ; between 9 to 12 months since the case was placed on AP.
- Sibling-based Green Card: Check the Visa Bulletin, then wait between 9 to 12 months since the case was DQ; between 9 to 12 months since the case was placed on AP.
📌 Mandamus Eligibility: For Special Cases
- Naturalization (Citizenship): If 120 days have passed since the interview without a decision, we can proceed.
- Tourist Visas (B1/B2): 12 months from the interview, with proof of extreme immigration hardship.
Mandamus Eligibility Check #7: Extreme Hardship for B1/B2 Visas
The delay must cause emotional, financial, or personal hardship for tourist applicants. Some mandamus eligibility examples include:
- The need to visit sick family members.
- Psychological treatment due to the stress caused by the immigration process.
It's important to gather evidence if any of these apply to your situation.
Take the Next Step Toward Resolving Your Case Now!
Don’t hesitate to reach out if you're unsure about your mandamus eligibility or steps forward. Contact our Writ of Mandamus team today for a detailed review of your situation. We’re here to guide you every step of the way. We can begin preparing your mandamus lawsuit for 221g in advance so you’re ready when the time comes. Let’s take action now to get mandamus relief to move your case forward!
Mandamus Eligibility Follow-up FAQs
We understand that you likely have many questions after determining your eligibility for a Mandamus lawsuit and learning about the next steps with our immigration law firm. Keep reading to find answers to some of the most important pre-filing questions you may have!
1. How Do Recent Executive Orders Affect Immigration Cases?
Recent executive orders have introduced legal changes that may impact immigration cases. The effect of these changes depends on individual situations. Not all cases will be affected in the same way.
Our legal team continuously watches Trump Immigration policy changes closely. We also analyze each case to see if and how the new policies apply, particularly regarding mandamus eligibility. We adjust our strategy if needed to ensure that every case remains in the best position under the new legal rules.
2. What could happen if I file the lawsuit?
When we file a Mandamus lawsuit, we're trying to end the delay in your visa case. We always hope for a good outcome, but we can't promise success. Most clients get a decision 2 to 6 months after the lawsuit, but it could take longer.
The case could also get dismissed by the court, which would stop the lawsuit. Sometimes, the Consulate or Embassy might send the case back to USCIS or NVC, which could cause more delays. They could also ask for the case to be moved to another Consulate or Court, which adds time.
3. Can we sue the government to get money for the stress and pain caused by the delay?
We know how hard the delay has been on you. We understand the stress and financial problems it causes. Our goal is to end the delay and get your case approved. Unfortunately, our law firm doesn’t handle cases where we try to get money for pain and suffering.
4. What’s the legal reason for the lawsuit?
One of the main reasons we file a Writ of Mandamus is because the immigration agencies haven't decided on your immigration application within a reasonable amount of time. You’ve done everything right: you applied, paid the fees, went to interviews, and sent in the right papers.
The agencies, like USCIS, NVC, and the Consulate, are supposed to make decisions within a reasonable time. The lawsuit says the delay is unreasonable, and we sue the agencies causing the delay.
5. What happens if the person we’re suing leaves or is replaced?
If the person we are suing leaves or is replaced, it’s okay. We are suing the heads of the agencies, not the individual person. The lawsuit will still go on, and the U.S. Attorney will handle the case for them.
6. How will the Consulate/Embassy know that we have filed a lawsuit against them?
Once the lawsuit is filed, the court sends a document called a summons to the agencies. This is how they officially know that they are being sued. This process usually takes about 21 days, and it’s done by mail.
7. How will we know the response from the defendants to the lawsuit?
After the lawsuit is filed, the agencies have 60 days to respond. During this time, we hope your visa will be processed. We’ll keep in touch with the court and the agencies, and we’ll let you know if we hear anything. We’ll also ask you for updates and check in with you every few weeks.
8. Will your services continue until my visa is issued?
We can’t predict how long the lawsuit will take or when a decision will be made. Depending on where your case is when we file the lawsuit, we may have to stop the lawsuit if your case gets approved at USCIS. If the case gets stuck later on, we can file another lawsuit to fight the delay.
9. What are the agencies and defendants you’re going to sue in my lawsuit?
Three agencies deal with immigration cases: USCIS, NVC, and the Consulate/Embassy. We sue the agency causing the delay in your case. Sometimes other agencies like the FBI are involved, but they are part of one of these three agencies.
10. Why do we name these specific defendants?
We name the agencies directly responsible for the delay in your case. This is important because we want to avoid any problems in court that could make the lawsuit fail. Naming the right agency is part of our strategy to get the best chance of success.
11. What services are included in the legal fee I paid?
We charge one flat fee to cover a specific list of services related to the lawsuit. Here’s what’s included:
- Preparing and writing the lawsuit
- Filing the lawsuit
- Sending the lawsuit documents to the agencies
- Communicating with the court, judge, and other lawyers
- Talking with the U.S. Attorney’s Office
- Filing motions and responding to motions
- Handling hearings
- Dismissing the lawsuit after a decision is made
12. What services are NOT included in the legal fee I paid? Will I need to pay extra fees later?
Most clients are happy when they get their visa or green card after the lawsuit. However, other services are not included in the fee you paid. These services will cost extra if you need them:
- Refilling the lawsuit if your immigration case is denied
- Appealing a denial
- Preparing for or representing you at interviews at the Consulate or USCIS
- Contacting the Embassy/Consulate for you
- Applying for a green card after getting a K-1 visa
- Responding to requests like a Notice of Intent to Deny or a Request for Evidence from USCIS
- Preparing and filing requests to speed up your case
- Responding to document requests from the Consulate/Embassy
- Asking to move your visa application to a different consulate
- Preparing forms needed by USCIS, NVC, or other agencies
We offer these services at an extra cost, depending on your case. If you proceed, we’ll create a new agreement. You’re not required to hire us, and we’re not obligated to assist. If we can help, we’ll agree on the work and cost together before proceeding.
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