Too Long, Didn’t Process: Using Mandamus Lawsuits When Your Visa Application Is Stuck in Limbo
On Behalf of Coughlon Law Firm, PLLC. | Aug 25, 2025 | Immigration
Immigration cases can take months, even years. But sometimes, the delay goes far beyond the normal processing window, leaving you with no updates and no clear next step. If your visa or green card application has been sitting untouched, a legal tool called a writ of mandamus may help move things forward. This court action asks a federal judge to order the immigration agency to do its job: review and decide your case.
What a Mandamus Lawsuit Really Does
A writ of mandamus isn’t about convincing the court to approve your application. Instead, it forces the agency, such as USCIS, to take action when it has a clear legal duty to process your case. To succeed, you must show:
- You have a clear right to a decision under the law.
- The agency has a nondiscretionary duty to act.
- No other effective remedy is available.
Even if those requirements are met, courts only grant mandamus in situations where the delay is unreasonable. Judges often use the “TRAC factors” to weigh how long the delay has lasted, how it affects your life, and whether speeding up your case would interfere with higher-priority cases.
Common Immigration Delays That Lead to Mandamus
Mandamus actions are often filed for cases like:
- Adjustment of status
- Naturalization
- Special Immigrant Visa petitions
- Certain employment-based applications
For example, if your case has been pending far beyond USCIS’s posted processing times, and other options like expedited processing or congressional help haven’t worked, filing in federal court can be the next step.
In many situations, just filing the lawsuit prompts the agency to act before a judge ever rules. Outcomes vary:
- You might get a decision within weeks.
- Your case might be transferred to another office.
- The agency might provide a detailed reason for the delay.
How We Help Arizona Clients Break the Logjam
At Coughlon Law Firm, PLLC, we’ve seen the stress and frustration long delays cause for individuals and families in Arizona. If you’ve been stuck waiting with no progress, we can review your case, check if it’s outside normal processing times, and determine whether a mandamus lawsuit is right for you. We’ll explain the risks, like the possibility of a quick denial, and guide you through the filing process if it’s your best option.
Call us at 602-636-0800 or use our contact form to schedule a consultation.
