Administrative Delays as Legal Harm: When Inaction Becomes a Case Strategy
On Behalf of Coughlon Law Firm, PLLC. | Dec 29, 2025 | Immigration
Sometimes, immigration applications get stuck for months or even years, which leaves families waiting and businesses short-staffed. USCIS publishes processing timelines, yet certain cases drift far beyond them. When delays reach that point, a mandamus petition may help.
Under 28 U.S.C. § 1361, federal courts can compel a government officer to perform a required duty. A mandamus action doesn’t ask the judge for approval; it simply asks the court to tell USCIS or another agency to decide on the overdue application.
Elements of a Mandamus Claim
To bring a mandamus action, a petitioner must show that the government owes a clear, nondiscretionary duty, that the petitioner has a right to the action being sought, and that nothing else will fix the problem.
In immigration delays, courts ask whether the agency’s wait time is unreasonable. They look at the statutory guidance, the petitioner’s hardship, and any justification the agency offers. Attorneys usually include a trail of unanswered inquiries and evidence that the posted processing window has long passed.
Strategic Considerations
Filing a mandamus suit is not adversarial in the traditional sense; it nudges the agency to act. Many cases settle quickly because government attorneys prefer to adjudicate the application rather than litigate.
However, the lawsuit cannot force approval. Applicants must still meet substantive eligibility requirements. A meritorious application, well documented and complete, stands the best chance of success once a decision is compelled. Petitioners must also exhaust administrative remedies by submitting inquiries, service requests, or congressional liaisons before going to court.
When Delay Amounts to Harm
Delays cause real harm: Employers lose opportunities, families face prolonged separation, and individuals risk losing lawful status or ageing out of eligibility. Even when USCIS processing times appear long on paper, a delay can be unreasonable if it contradicts congressional intent or endangers the applicant.
In humanitarian cases, protracted waiting can be life-threatening. Mandamus provides a critical tool to protect applicants’ rights when the government fails to act.
Take Action on Your Case
Tired of waiting on USCIS? Coughlon Law helps clients evaluate whether a mandamus action is appropriate and guides them through the process. If your case has been stalled beyond normal processing times and your efforts to prompt action have failed, call us at 602‑636‑0800 or visit our contact page to discuss your options.
