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Video - Writ of Mandamus

Should you file a Writ of Mandamus in your Immigration Case?

By October 26, 2022May 30th, 2024No Comments

Transcript: Should you file a writ of mandamus in your immigration case?

Hi, everyone. I’m attorney Hashim Jeelani, principal at 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.

So, what is a writ of mandamus? A writ of mandamus, in the immigration context… this type of lawsuit is filed against the United States Citizenship and Immigration Service, commonly known as USCIS, or U.S. consulates or embassies, when the agency delays the processing of your immigration case. Typically, clients come to us after they’ve been waiting a long time for a decision on their case, and after they’ve made numerous inquiries with USCIS or the consulates and embassies. They’ve done this themselves as well as through their attorneys. The response they receive is almost always a generic response stating that their case is currently pending, in administrative processing, or is under the so-called average processing times. Many of our clients have even gone to their congressman’s office to help them inquire. However, this often results in the same response; although, they provide it in a letter form.

By filing a writ of mandamus, you are asking the federal court judge to issue an order, requiring the immigration agency to do their job. If such an order is issued, this is not something the agency can ignore. They must take the required action. How long does a writ of mandamus take? Of course, every case is different in some respects. However, once a lawsuit is filed, and the government’s attorney is served with the lawsuit, they have 60 days to file an answer. Sometimes, the government agency will start moving on the case within the first 60 days after being served. Other times, the cases may take a little longer. The vast majority of our delay litigation cases at Jeelani Law Firm are resolved within 90 to 180 days. For more detailed information on the writ of mandamus process, check out our other videos in the video library.

Thanks for watching this video. I’m attorney Hashim Jeelani. 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.