*Practice limited to federal immigration law. Licensed in NY, MA, but not in CA.

My Visa is Delayed in Administrative Processing: What Are My Options?

There are few things more frustrating than dealing with a delayed visa application. A delay can cause serious stress and hardship. It is one of the issues that immigration lawyers get asked about most often: What can I do to expedite my immigration case

While the answer depends on your specific circumstances, you should know that there are often options available. Here, our California immigration attorney explains the most important things you need to know about getting through an administrative processing delay. 

A Writ of Mandamus Lawsuit Can End the Delay

In many cases, the best way to get action on a delayed visa application is to file a writ of mandamus lawsuit. As described by the Cornell Law School Legal Information Institute, a writ of mandamus is simply a court order that requires a government agency to take action and carry out its duties under the law. 

Immigration agencies are supposed to process visa applications within certain reasonable time periods. Unfortunately, the reality is that they often fail to do so—delays and backlogs are currently a huge problem in our immigration system. A writ of mandamus lawsuit can be used to help to ensure that action is taken and that a visa application is reviewed and processed without additional, unnecessary delay. 

To be clear, a writ of mandamus is by no means a solution to literally every situation. There are limitations on what can be done to get action on a visa application. That being said, in many cases, visa applications that are stuck in administrative processing are simply on the bottom of a large pile of paperwork. A writ of mandamus lawsuit may be able to get the application moved forward in that pile. 

Taking Action Will Not Increase Your Risk of Denial

If you are like most people, you simply want to get your visa resolved so that you can move forward with your life. A delay is deeply frustrating—but you do not want to do anything that could cause the government to deny your application. For this reason, many people are worried about filing a lawsuit to get their visa out of the administrative process. 

While your concerns are entirely understandable, please know that the process simply does not work that way. Once you file a writ of mandamus lawsuit, your application can head to the top of the pile for processing. Taking action does not affect your chances of getting the application approved. Do not be afraid of exercising your legal rights. Your application will still get a fair evaluation if you file a lawsuit. 

Call Our Los Angeles, CA Immigration Lawyer for Immediate Assistance

At the Goldstein Immigration Lawyers, we have extensive experience navigating the immigration process. If your visa is delayed in administrative processing, our immigration lawyer can help. We will help you explore all options for overcoming the delay. For a confidential, no commitment review of your case, please call us at our Los Angeles office today at (213) 262-2000.