How Do I File A 'Writ Of Mandamus' Against The U.S. Government?

If the United States government is not taking any action by the consulate overseas or by USCIS on your application or petition, whether visa, naturalization, or adjustment of status, you can file a lawsuit, known as a “writ of mandamus”. A mandamus is a request to the U.S. Federal District Court to compel the government to perform a duty owed to the plaintiff: take action on the pending application or petition.

How does one file a mandamus? Super Lawyer Brad Bernstein explains the process!

Brad Bernstein, is the host of Brad Show Live and the President of the Law Offices of Spar & Bernstein, P.C.

Brad Bernstein has provided legal immigration help to 100,000 plus clients over four decades.

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[officialoppression]

Agreed! My Writ of Mandamus was duly accepted by the 4th appeals court in San Antonio 2 weeks ago. The prosecution discreetly reinstated a case in my profile w/no service or notification. This comes after the plaintiff filed a nonsuit w/o prejudice 2 months prior due to lack of evidence (all testimony a la Amber Heard). I filed requests, motions, checked the metadata in the nonsuit document which was days after it was purportedly filed, after about 20 filings no joke, I filed the Writ. Lemne tell ya, it is the best remedy for a "phantom prosecution" or absentee prosecution -- one that doesn't take an active role in the case nor do they intend to engage, yet they still enjoy the financial benefits of the situation. Pretty unethical. I've found that it's not enough to threaten...I don't bother w/the threat anymore. I just take action & they act surprised every time.

[NarenderAujla-db]

how long you have to wait before filling Mandamus for U visa.

[bibirahima]

When is the earliest on a case you can do litigation? I filed my I-485 on June 2021

[anemashiach]

What if they file a motion to dismiss? What happens ?

[jobekirkuk]

Is it possible to file one against an embassy if they’re not responding to emails and taking long time to process an immigration case?

[Mirbekkaraev]

What form do I fill to file?
Or is it just a letter?
If it is just a letter, then where do I file?

[sham]

Hi Sir, I had my asylum interview after waiting for 5 years, and it's been 2.7 years since the interview, but my application is still pending!
do you think it's time to take action?