Addressing Delay through Mandamus and INA 1447(b)
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Addressing Immigration Delays Through Mandamus and INA 1447(b)
Legal Solutions for Long Delays in Immigration & Naturalization Cases
Long, unexplained delays in immigration cases can create serious uncertainty and hardship for individuals waiting on critical decisions. If your immigration or naturalization case has been stuck with USCIS for an unreasonable amount of time, you may have legal options to force a decision.
A writ of mandamus lawsuit or a federal lawsuit under INA 1447(b) can help compel USCIS or another agency to act on your case. At Benach Pitney Reilly Immigration, we represent individuals facing immigration delays and help them take legal action to move their cases forward.
Is your immigration case delayed? Contact us today to explore legal solutions.
What Is a Writ of Mandamus in Immigration Law?
A writ of mandamus is a federal lawsuit filed against a U.S. government agency (such as USCIS or the Department of State) when it fails to act on a case within a reasonable time.
- Forces USCIS, the State Department, or another agency to make a decision.
- Does not guarantee approval, but ensures the case is reviewed.
- Used for delayed green cards, work permits, naturalization, and visa cases.
What Is INA 1447(b)? (Specific to Naturalization Delays)
Under INA § 1447(b), if USCIS has failed to make a decision on a naturalization application (Form N-400) within 120 days after the interview, the applicant can file a federal lawsuit asking the court to:
- Decide the naturalization case directly OR
- Order USCIS to act within a specific timeframe
When Should You File a Federal Lawsuit for Immigration Delays?
You may qualify for a mandamus lawsuit or INA 1447(b) action if:
- Your naturalization application has been pending 120+ days after your interview.
- Your green card or visa application has been delayed for an unreasonable period.
- USCIS has issued no response to your case for months or years.
- You have made multiple inquiries with no resolution.
If your case has been delayed beyond reasonable processing times, legal action may be the best option.
The Process of Filing a Federal Lawsuit for Immigration Delays
Step 1: Case Evaluation & Eligibility Review
Our attorneys assess whether a mandamus action or INA 1447(b) lawsuit is appropriate.
Step 2: Drafting & Filing the Complaint in Federal Court
The lawsuit is filed against USCIS, the Department of Homeland Security, or another relevant agency.
Step 3: Government Response & Potential Settlement
In many cases, the lawsuit prompts immediate government action without going to trial.
Step 4: Court Decision or Mandated USCIS Action
The federal court may:
- Order USCIS to decide on the case within a set timeframe.
- Directly adjudicate a naturalization case (INA 1447(b) cases).
- Dismiss the lawsuit if the delay is found to be justified.
Most cases resolve quickly once a lawsuit is filed—often within 60 to 90 days.
How can Benach Pitney Reilly Immigration Help?
Our legal team has extensive experience in handling immigration delay lawsuits, including:
- Assessing case eligibility for a mandamus lawsuit or INA 1447(b) petition.
- Filing lawsuits in federal court against USCIS and other agencies.
- Negotiating expedited case resolutions to avoid lengthy litigation.
- Ensuring swift action by government agencies on delayed cases.
Tired of waiting? Let our experienced immigration attorneys help move your case forward.
Why Partner with Benach Pitney Reilly Immigration?
- Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
- Proven Track Record: Success in uniting families through immigration solutions.
- Clear Communication: Regular updates and transparency throughout the legal process.
- Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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