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How a mandamus action may reboot your immigration case

On Behalf of | Jan 18, 2022 | Immigration |

The wheels of the federal government often do not turn as quickly as you would like them to. When it comes to deciding on an immigration case, the cog may actually come to a halt.

With the influx of applications and the general overwhelm of the system, the USCIS may temporarily halt the processing of immigration cases for a time. What can you do when your application seems to reside on the back burner? Learn about some options you may have when it comes to getting your immigration case back on the right track.

What is a writ of mandamus?

The tort system revolves around civil action, even in something that does not seem like it belongs in a civil court, such as an immigration application. A writ of mandamus allows you to file a state and federal court complaint to compel the appropriate governing body to resume looking at your immigration case.

How does a mandamus action work?

Taking someone to court is rarely the first move you should make when trying to get a resolution. However, it is the way you can compel the opposing party to take action when things have stalled. When you file for a mandamus action, you force the court to examine why the applicable agency has failed to act in your immigration case. The judge may then place your case on track for hearings and ultimately a decision. This course does not always result in a favorable determination; however, it will get a resolution that you may then take subsequent steps to resolve.

Moving forward with your immigration case is essential, especially if you reach a benchmark date. Get the help you need to get your action through to a final decision.