Before Filing The Lawsuit
Filing a Mandamus lawsuit to challenge delays in the processing of a visa application is intended to bring about the best possible outcome and resolve delays in the process. While we cannot guarantee success, we are confident that our efforts will result in a decision on your immigration case in a timely manner.
There are, however, some negative scenarios that we must consider as a possibility, even though we hope they will not occur. It is possible that the process could take longer than the average 2-6 months after filing the lawsuit, and in some cases, it may linger indefinitely. The opposing counsel may file a motion to dismiss the lawsuit, which the court could grant, resulting in the dismissal of the lawsuit.
In addition, the Consulate or Embassy may return the visa application to the NVC and USCIS for possible revocation, requiring a response and potentially causing further delays. Your immigration case may also be transferred to another Consulate or Embassy, or the Mandamus lawsuit may be transferred to another court, which could also contribute to delays.
Finally, it is possible that the final decision on your immigration case may not be the one we hoped for, with the possibility of denial or a negative outcome for other reasons.
After Filing The Lawsuit
It is important to note that winning a lawsuit does not guarantee that the outcome of the case will be favorable. However, it does mean that the court has ordered the government to take action on the case within a specific timeframe and that the client will have a better chance of getting a decision on their immigration case. Additionally, winning the lawsuit could also lead to a settlement agreement with the government, which could provide a more favorable outcome for the client.