Our legal team hears it again and again: “My immigration application is stuck in limbo.” If you are waiting for a decision on your petition, you are certainly not alone. According to data published by TRAC Immigration, California has the largest immigration backlog of any state in the country—there are nearly 180,000 cases pending in the state and 1.2 million pending nationwide.
If you are facing an administrative delay in processing—whether for a green card application, a citizenship application, or any other immigration petition—you have options available. Through a writ of mandamus action, you may be able to resolve an unreasonable delay in the immigration process. Here, we highlight four important things that you should know about mandamus cases.
#1. A Writ of Mandamus Lawsuit is a Request for Government Action
Put simply, a writ of mandamus action is a lawsuit that requests action from an agency. Under a federal law called the Administrative Procedure Act (APA), government agencies are required to process applications in a timely manner, without unreasonable delays. In immigration cases, a writ mandamus lawsuit may be used to get your application pulled from the bottom of the stack up to the top.
#2. Success Does Guarantee Approval—But It Will Get You Answers
To be clear, a writ of mandamus action does not guarantee any specific decision on your application. Whether or not your petition will be approved depends entirely on the specific facts of your case. Instead, a mandamus action can be used through the delays, so that you finally get an answer from the government. If your immigration case has been delayed without justification, our Los Angeles mandamus lawyer can help you get a decision.
#3. Applicants Will Not Face Retaliation for Bringing a Mandamus Case
One of the biggest worries that we hear is that people simply do not want to file a lawsuit against the government. They are concerned that their request for action will, to some degree, bias the government against them and result in the denial of their application. Please know that the process simply does not work that way. You will not face any type of retaliation for bringing a mandamus action. It is your right to get action on your case within a reasonable time frame.
#4. You Can Benefit from an Attorney Who has Experience
Writ of mandamus actions are complicated. If you are considering filing a claim, it is important to work with an immigration attorney who has experience handling mandamus cases. Our law firm has experience in bringing mandamus lawsuits and we are prepared to help take action to end the delays and get a decision on your immigration petition.
Call Our Los Angeles, CA Mandamus Attorney for Immediate Assistance
At the Goldstein Immigration Lawyers, we provide aggressive, solutions-focused representation to clients. If your immigration application has been delayed for months or years, our top-rated immigration attorney is ready to help. To arrange a completely confidential review of your case, please contact us for immediate assistance. We serve clients in Los Angeles and throughout the wider region.