Mandamus vs. USCIS: How to File & Win!

how to file a mandamus against uscis

Mandamus vs. USCIS: How to File & Win!

A writ of mandamus is a court order compelling a government agency, such as United States Citizenship and Immigration Services (USCIS), to perform a duty that it is legally obligated to fulfill. This legal action is typically considered when an agency has unreasonably delayed acting on a case or has failed to make a decision within a reasonable timeframe. For instance, if USCIS has not adjudicated an application for naturalization after an extended period beyond typical processing times, a writ of mandamus may be an appropriate avenue to pursue.

This process serves as a crucial check on administrative agencies, ensuring accountability and preventing undue delays that can significantly impact individuals’ lives. The historical context of mandamus actions dates back centuries, rooted in the concept of ensuring that public officials fulfill their legal responsibilities. Successful petitions can expedite bureaucratic processes and provide individuals with the resolution they are entitled to under the law.

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