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When Should I Request a Writ of Mandamus?

Have you filed for a green card but are waiting too long for it to be approved? Is your citizenship petition taking forever? You have already applied, but your work authorization hasn’t been delivered. If you are tired of waiting for your green card or you were interviewed for naturalization and citizenship, but haven’t received a decision yet, there is a solution: a writ of mandamus.

What Is a Writ of Mandamus?

A writ of mandamus can be issued by a judge at the petitioner’s request when the authority of a higher court is needed to compel an action by an individual, a government agency, or a lower court to do something they are legally required to do. Mandamus is an extreme measure, but very effective when all else has failed.

How Does a Mandamus Work?

First, the United States Customs and Immigration Services (USCIS) is represented by the U.S. Attorney’s office for the District where the mandamus is filed. That is a good thing because, sometimes, an attorney has to tell the client what they need to do. In immigration mandamus, the Assistant U.S. Attorney (AUSA) often tells the USCIS to adjudicate the application immediately because the AUSA does not want to defend the USCIS in an unadjudicated application mandamus, so the AUSA gets the USCIS to make a decision on the matter.

Once the mandamus is filed, the AUSA has 60 days to respond. The AUSA always requests — and is granted — an additional 60 days, which means the AUSA now has 120 days to respond. However, in 99 percent of these cases, a decision is made within that time. This doesn’t mean the decision will be in favor of the client, but it is an effective way to move along a case that has been delayed or stuck behind other immigration cases.

Here at Bretz & Coven, LLP, we have over 20 years filing mandamus requests with federal District Courts in New York, New Jersey and Connecticut compelling the USCIS to take action on cases that have been delayed or stuck in the docket. In most cases, our immigration attorneys will get an adjudication within 120 days of filing. If you wish to request a mandamus or for more information, call (212) 267-2555 or fill out our contact form.

Immigration Consequences of Criminal and Fraudulent Conduct
The immigration consequences of criminal or fraudulent conduct can be harsh and often illogical. Even a very minor offense could have a dramatic immigration consequence, including deportation, detention without bond, being denied naturalization, a visa or re-entry into the United States. Likewise, the use of fake or fraudulent documents, aliases, and other misrepresentations can have similar immigration consequences. Kerry Bretz and Bretz & Coven have been counseling non-citizen criminal defendants, as well as their lawyers, for over 20 years. We have a long history of strategizing deportation and removal defenses, as well as applications for waivers, in very complicated cases.

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"Was trying to get Green Card since about 7 years. Finally when I switched to this law firm I was able to get green card very fast with great confidence. Big thanks to Eileen, Kerry, Manjit and Olga." - Dinesh, Kansas

""With an extensive criminal history: over 14 arrests, 2 State prison bids and several felony convictions no lawyer wanted my case in 2010. Thanks to the experts at Bretz & Coven who worked diligently and with precision, today I am a United States citizen." - E.A. Brooklyn, NY

"Absolutely one the best, if not the best immigration attorneys. They helped from start to finish in my green card process. At no point was I blind-sided by anything. Simply amazing!" - Leon B. Jersey City,

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