Immigration Law: Four Myths About Mandamus Cases

Is your visa application stuck in administrative processing? If so, it is normal to feel frustrated and confused. These often unexplained delays can drag on for months or even years. The good news is that you have some legal tools available. Through a mandamus lawsuit, you can hold the government accountable for making a decision.

At Goldstein Immigration Lawyers, our Los Angeles immigration law team has extensive experience representing clients in mandamus cases. We help people who are dealing with the stress of administrative processing limbo. Here, our attorneys dispel four common misconceptions about visa delays and mandamus actions.

Four Common Myth About Immigration Delays and Mandamus Lawsuits

1). There is No Option for Getting My Application Out of Administrative Processing

False. Pursuant to the Administrative Procedure Act (APA), government agencies, including United States Citizenship and Immigration Services (USCIS), have a basic legal duty to review and process applications in a reasonably timely manner. A writ of mandamus is a legal tool that asks the government to do its job. For many visa applicants, it is a way out of administrative processing limbo.

2). The Government Will Use It Against Me If I Try to Request a Faster Decision

False. Although it is understandable that you might be concerned that you will “look bad” for filing a mandamus action, the process simply does not work that way. There is no harm in taking action to get a decision on your application. You have the absolute right to bring a writ of mandamus case and doing so will not be used against you in your immigration application. You can ask the government for a decision on your case without fear of retribution.

3). A Successful Mandamus Action Means My Application Will be Approved

Not necessarily. A mandamus case is about getting an answer from the government. When you file a successful mandamus lawsuit for a visa application, you will get your file out of administrative processing. Whether or not your application is approved by the agency ultimately depends on the individual merits of your case.

4). You Cannot Get Out of Administrative Processing Because of COVID-19

False. While there is no doubt that the COVID-19 pandemic has caused serious disruption, the public health crisis does not prevent you from taking action to get your visa application out of administrative processing. You can still file a mandamus claim for immigration delays during COVID-19. During these already difficult times, many people are dealing with serious delays. A mandamus lawsuit can get you answers so that you can move forward with your life.

Call Our Los Angeles Mandamus Attorney for Immediate Help

At Goldstein Immigration Lawyers, we are here to help you and your family navigate the complexities of the immigration system. Our law firm has a long record of success in mandamus cases. If you have any questions about your rights or your options, our mandamus immigration lawyers are more than happy to help. Give us a call, or send us a message online to arrange a completely confidential initial consultation.

Josh Goldstein
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