Mandamus is a form of filing a lawsuit against the USCIS to compel the USCIS to expediate the case processing. A mandamus can be filed for any type of petitions, such as Asylum, Family-based immigration, EB2/3, and EB5, etc., as long as the case is out of normal processing time. If cases are approved after Mandamus, USCIS will send an approval notice.

How long does mandamus take?

USCIS usually send out Request for Evidence, Approval, or Denial in about two months.

What are the outcomes of mandamus?

Outcome: Request for evidence (RFE), Interview, Notice of Intend to Deny, etc.

When can I file for a mandamus for my case?

The normal processing time is generally six months after the USCIS receives the application. However, the exact time varies depending on the type of immigration. You can also call USCIS to inquire about the progress of your case, visit with an immigration officer to see the progress (InfoPass) or contact an elected official. Nowadays, most cases are processed by USCIS in a year to two years or more. So, the normal processing time on the website cannot be relied upon.

Can we guarantee the success of mandamus?

A mandamus is simply a request for USCIS to expedite the processing of cases. The nature of the case is not affected by the mandamus. If the case should be approved, the mandamus will expedite the approval of the case, and if the case should be denied, the mandamus will expedite the denial of the case.