Writ of Mandamus

Writ of Mandamus

Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. The statue authorizing mandamus actions is 28 U.S.C. § 1361, sometimes known as "The Mandamus Act". Mandamus is an extreme remedy and should be used when efforts to resolve the issue via administrative channels has been failed. To obtain writ of mandamus from a federal district court, a plaintiff must establish that (1) he or she has a clear right to the relief requested; (2) the defendant has a clear duty to perform the act in question; and (3) no other adequate remedy is available. It is useful to use mandamus statue in conjunction with the Administrative Procedures Act because it has a requirement that an agency action should be performed "within a reasonable time" (see 5 U.S.C. § 555(b)).

See more details here: AILF Advisory on mandamus

Mandamus is very effective if you are facing a long delay in adjudication of any petition filed with the USCIS. In cases of AP/EAD/I-485 mandamus can be filed by an applicant without a lawyer (Pro Se). In cases of H1, I-140, LC, only the petitioner (employer) can initiate mandamus action so a lawyer is necessary.

Relevant Links

IV spotlight: Writ of Mandamus for I485 delays

Step-by-step guide for I-485 mandamus action