WRIT OF MANDAMUS
A way to quickly get your immigration benefits after all other avenues are exhausted.
In many cases, an applicant is harmed not because of an erroneous decision but because of a delay that results when the agency fails to take any action on an application. The delay problem arises in a variety of circumstances, including, for example, delayed Employment Authorization Document (EAD) applications, delayed U-visa applications, delayed adjustment applications, and delayed naturalization applications. Another source of the delay problem has been USCIS Controlled Application Review and Resolution Program (CARRP).
Mandamus can be used to compel administrative agencies to act where there has been an unreasonable delay that causes harm to the applicant. Relevant statutory provisions are in the Mandamus Act and the Administrative Procedure Act (APA):
- 28 U.S. Code (USC) §1361: The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
- 5 USC §555(b): With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it.
- APA §706: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall - (1) compel agency action unlawfully withheld or unreasonably delayed ...
The Mandamus Act and the APA authorize the court to order a remedy; they do not provide an independent substantive basis for jurisdiction.
Are you tired of waiting for your EAD or any immigration benefits? Did you try everything but the USCIS is not responsive? Maybe Mandamus can help.
Our professionals are well-versed in federal court procedures. Their experience and expertise can help you to get your immigration benefits quickly by filing Mandamus.