Do you know what a writ of mandamus is? If your immigration case has been stuck in silence for months or even years, you’re not alone. Delays at USCIS and U.S. consulates are more common than ever, but you do have options. One of the most powerful legal tools available is the writ of mandamus.
In this article, you’ll learn what a writ of mandamus is, how it works, when to use it, and how Loigica can help you push your case forward.
This article is also available in Spanish for our Spanish-speaking readers here.
Define Writ of Mandamus: A Legal Remedy for Delays
Let’s begin with the basics: what is a writ of mandamus?
A writ of mandamus is a federal lawsuit that asks a judge to order a U.S. government agency, such as USCIS or the Department of State, to take action on a case that has been unreasonably delayed.
It does not force the government to approve your petition. It simply requires them to make a decision.
In immigration cases, this tool is used when an applicant has waited far beyond normal processing times without an answer, despite following all required steps.
Writ of Mandamus Example: When It Makes Sense
Here’s a common writ of mandamus example:
Ana is a Colombian entrepreneur who applied for a marriage-based green card in 2024. She had her interview in early 2025, and since then, no response.
USCIS shows her case is “under review,” but she has received no updates in over 12 months. She contacted customer service multiple times. Nothing changed.
At this point, Ana’s lawyer files a writ of mandamus in federal court.
Her attorney does not ask USCIS to approve the green card. It simply asks a judge to order USCIS to make a decision, since the delay is unreasonable.
In many cases like Ana’s, USCIS responds within weeks or months after a writ is filed, often scheduling an interview or issuing a decision to avoid going to court.
When to Use a Writ of Mandamus
A writ of mandamus is not for every delay. However, it may be appropriate when:
You’ve waited well beyond USCIS’s normal processing time
You’ve submitted inquiries, but received no resolution
You face serious harm due to the delay (job loss, family separation, etc.)
There’s no other way to get your case moving
Attorneys usually recommend this action if a petition is pending for 6–12+ months longer than normal. Common case types include:
I-485 (green card adjustment of status)
N-400 (naturalization)
I-130/I-140 petitions
Consular visa processing (after long periods of inactivity)
Delays after interviews or RFEs
Before filing, your legal team will document all steps you’ve taken, such as follow-up requests or congressional assistance attempts. Judges review this history before deciding whether to accept the case.
What a Writ of Mandamus Can and Can’t Do
To clarify: this legal tool does not guarantee approval of your application. Instead, it forces the agency to act. That means USCIS or the consulate must move forward by:
Scheduling an interview
Issuing a Request for Evidence (RFE)
Making a final decision
Agencies are not allowed to retaliate against you for filing a writ. In fact, this is a legally protected action, and it’s increasingly used by applicants facing long and unexplained delays.
In most cases, USCIS resolves the issue before it reaches court. The government often prefers to take action rather than defend a delay before a judge.
Why Mandamus Is Trending in 2026
As of 2026, processing backlogs remains a serious challenge. USCIS is under pressure from federal courts and public criticism for delays in:
Many law firms and immigrant rights organizations are filing writs of mandamus as a last resort and winning fast outcomes. The courts have affirmed that government agencies must comply with “reasonable timelines” under the law.
This trend shows that mandamus filings are no longer rare. They are now a practical legal strategy for those stuck in limbo.
Loigica: Your Strategic Ally in Mandamus Cases
Filing a writ of mandamus is a federal lawsuit. It must be carefully prepared, documented, and filed by an attorney who understands both immigration law and federal court procedures.
At Loigica, our team of immigration attorneys:
- Reviews your full immigration history
- Determines if your case qualifies for mandamus
- Prepares and files your complaint in federal court
- Follows up until the agency responds
We speak your language and guide you through every step, with transparency and professionalism.
Is a Writ of Mandamus Right for You?
If USCIS delays your immigration case for too long, you may resolve it by filing a writ of mandamus.
Schedule a consultation with Loigica today and let our attorneys help you move forward. No more silence. No more waiting without answers. Just action backed by law.
