When an immigration case has been pending without a decision for an unreasonable amount of time, and no other course of action has led to a decision or timeline for a decision, a lawsuit against USCIS or other government agencies, might be your best option. This lawsuit, called a writ of mandamus, will order the agency to make a decision on your case. However, this does not mean your case will be approved, only that a decision will be made.

The lawsuit must be filed in the correct federal court with jurisdiction over your address or case, and you must show that you have exhausted all other avenues to receive a decision and that the time elapsed without a decision is unreasonable. An experienced immigration attorney can ensure that you file in the correct court and that you have tried all other strategies so as to avoid dismissal of your case. Furthermore, an experienced attorney can advise you on the risks of a negative decision and whether the time elapsed has indeed been unreasonable.

VFN Immigrants First has an attorney experienced with these cases who is licensed to file suits in the Eastern District Court of Virginia. She has assisted clients with I-130 petitions for alien relatives, immigration visa applications, I-360 VAWA petitions, and asylum applications move onto their next step and obtain the answers for which they had been waiting for years. If you believe an immigration agency has not given you a decision on your case for far too long, contact us today. We can help you decide if a writ of mandamus is the right strategy so you can finally receive your decision.