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Video - Writ of Mandamus

Does your Case Qualify for Writ of Mandamus?

By November 2, 2022May 30th, 2024No Comments

Transcript: How do you know if your case qualifies for a writ of mandamus?

Hi, everyone. I’m attorney Hashim Jeelani, principal of Jeelani Law Firm. Over the last 10 years, Jeelani Law Firm has filed hundreds of mandamus lawsuits in federal district courts throughout the United States.

To have a successful mandamus case, you need to be able to show the delay by the immigration agency was unreasonable. So a crucial question to ask is, what is considered unreasonable? One of the most common misconceptions is that a writ of mandamus cannot be filed in a case where it is under the so-called average processing times, as reported by the immigration agencies. Many clients and their attorneys that contact us are surprised to learn the so-called average processing times listed by the immigration agencies do not alone determine whether a delay has been unreasonable. In fact, over the last few years, USCIS has seemingly increased the average processing times they report online for nearly every case type. They seemingly do this to try to avoid increase in lawsuits from less informed clients and their lawyers.

Fortunately, the courts do not only look at the average processing times reported by USCIS when determining if the case has been unreasonably delayed. Among other factors, they look at whether Congress has set a time frame for the agency to add, whether the health or welfare of the plaintiff is at stake, does the agency have a higher or competing priority, and is the plaintiff prejudiced, meaning is there a lost opportunity or damage that cannot be undone? Often, these factors work in our clients’ favor even when their cases are within this unreasonable average processing time reported by the agency. Using our knowledge of what the courts consider, we can strengthen our clients’ complaints with allegations that highlight the unique circumstances our clients are in because of the agency’s delay.

If you you have any questions specific to your case, or you need more information, call our office to schedule a phone consultation with a senior attorney at Jeelani Law Firm. And for more detailed information on the writ of mandamus process, check out our other videos in the video library. Don’t forget to click the like, subscribe, and bell buttons to be notified every time I upload a new video.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.