In 2025, USCIS delays have become more than just an inconvenience—they're a legal crisis. Thousands of immigrants and visa applicants are waiting far beyond published processing times for green cards, work permits, naturalization, and other critical immigration benefits. While USCIS attributes these delays to budget shortfalls and administrative backlogs, affected applicants face serious consequences—loss of work authorization, expiring status, separation from family, or even deportation risk.
A growing number of applicants are turning to USCIS mandamus litigation—a federal lawsuit that asks a judge to compel the agency to take action. Under the Administrative Procedure Act (APA), if a government agency fails to act within a reasonable time, a court can order it to do so.
A mandamus action does not ask the judge to approve or deny your immigration application—it simply demands that the government issue a decision. It's particularly effective for employment-based petitions, adjustment of status applications, or cases where biometrics or interviews have been inexplicably delayed for over a year.
Filing a mandamus lawsuit requires a well-drafted complaint and an understanding of jurisdictional rules. A qualified immigration lawyer will evaluate whether your delay meets the legal threshold of "unreasonable," prepare supporting evidence, and represent you in court against the Department of Homeland Security or USCIS.
Mandamus litigation is a powerful but nuanced tool. Consult with an attorney familiar with immigration law and federal procedure before pursuing this route.