Shihab Burke LLC Immigration Lawyers helps families whose immigration cases are stuck for far longer than normal. Our Columbus immigration mandamus lawyers review the delay, take steps to move the case, and, when appropriate, file a lawsuit in federal court asking a judge to order the government to decide. From our offices in Columbus and Dublin, Ohio, we serve families in the Columbus area, throughout Ohio, and across the United States, including relatives who live abroad.
Highlights
- A mandamus lawsuit asks a federal court to order a government agency to decide a delayed case.
- A mandamus lawsuit can ask for a decision, but not for an approval.
- There is no fixed number of months that makes a delay unreasonable. Courts look at the whole situation.
- Simpler steps, such as a case inquiry or a congressional inquiry, often come first.
- Many delayed cases move after a lawsuit is filed, but results are not guaranteed.
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What Is an Immigration Mandamus Lawsuit?
An immigration mandamus lawsuit is a case filed in federal court asking a judge to order a government agency, such as U.S. Citizenship and Immigration Services (USCIS) or the Department of State, to decide an immigration case that has been delayed for too long. The name comes from a Latin word meaning “we command.”
A mandamus lawsuit asks the court to order a decision. It cannot force the agency to approve the case. The case must still meet every legal requirement.
Our Approach
Before we recommend a lawsuit, we review your entire case, including, for example, its history and any problems that could affect the decision, so you can move forward with confidence.
“They guided us through every step with professionalism and prompt communication, making the experience smooth and stress-free.”
— Google review
Talk with a Columbus immigration mandamus lawyer: 866-665-0001.
When Is an Immigration Delay Unreasonable?
There is no fixed number of months that makes a delay unreasonable. Courts look at the whole situation, including:
- How long the case has been pending compared with normal processing times
- Whether the agency has given a reason for the delay
- How the delay affects the family’s health, work, and well-being
- Whether the agency is working on cases in order
A case pending well beyond the posted USCIS processing time is a good reason to review the options with a lawyer.
What Steps Come Before a Mandamus Lawsuit?
Simpler steps can sometimes move a delayed case. These steps also show the court that the family tried to resolve the delay:
- Check the processing times. Compare the case with the posted USCIS processing times for the same form and office.
- Submit a case inquiry. When a case is outside normal processing times, USCIS accepts an online case inquiry.
- Contact the USCIS Contact Center. A request can be made by phone or online.
- Ask for an expedited decision when there is an urgent reason, such as a serious health problem.
- Ask a member of Congress for help. A congressional office can send an inquiry to USCIS or the Department of State.
Which Cases Can Be Part of a Mandamus Lawsuit?
Mandamus lawsuits are often filed for long-delayed family cases such as:
- Spouse and family petitions (Form I-130)
- Green card applications (Form I-485)
- Petitions to remove conditions (Form I-751)
- Waivers (Forms I-601A and I-601)
- Immigrant visa cases held in administrative processing at a U.S. embassy or consulate
Lawsuits over embassy delays are possible in some cases, but courts are divided on them. Learn more on our 221(g) spouse visa refusal page.
What Does “Case Outside Normal Processing Time” Mean?
USCIS posts processing times for each form and office. A case is outside normal processing time when it has been pending longer than the time USCIS shows for that form and office. At that point, USCIS accepts an online case inquiry. A case far outside normal processing time, after an inquiry, is a good reason to review all options, including a mandamus lawsuit.
How Do I Ask USCIS to Expedite My Case?
An expedite request asks USCIS to decide a case faster. USCIS decides each request case by case, and the decision is in its discretion. USCIS considers, for example:
- Severe financial loss, unless it results from a late filing or a late response to a USCIS request
- An emergency or urgent humanitarian situation
- Certain nonprofit organizations furthering U.S. cultural or social interests
- U.S. government interests, such as public safety or national security
- A clear USCIS error that urgently needs to be corrected
Requests are made through the USCIS Contact Center or a USCIS online account, with documents that prove the reason. Cases at the National Visa Center or a U.S. embassy follow the Department of State’s expedite process.
What Can a Mandamus Lawsuit Do, and What Are the Risks?
The government usually has 60 days to respond after the lawsuit is served on the government. In many cases, the agency decides the case before the court rules. In others, the government asks for more time or the court decides whether the delay is unreasonable.
A lawsuit has risks. It can lead to a faster decision, and if the case has weaknesses, that decision may be a denial. A lawsuit also has costs, including a federal court filing fee. For these reasons, the case should be reviewed carefully before filing.
How Much Does a Mandamus Lawsuit Cost?
We update this information regularly, but court fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
| Fee | Amount |
|---|---|
| Federal district court filing fee for a new civil case (filing fee plus administrative fee) | $405 |
Attorney fees depend on the case. Most cases are handled for a flat fee, which we quote at the consultation.
How Our Columbus Immigration Mandamus Lawyers Help
Before we recommend a lawsuit, we review the entire case. This includes, for example, the full history of the case, the processing times, any notices from the agency, and any issues that could lead to a denial once the case is decided. We then give you an honest assessment of whether a lawsuit makes sense now, later, or not at all. This approach does not guarantee a result, but it helps make sure a lawsuit, if filed, rests on a well-prepared case.
We:
- Review the case history and compare it with normal processing times
- Submit case inquiries and other requests, at your request
- Review the case for issues that could lead to a denial
- Prepare and file the mandamus lawsuit in federal court
- Work with the government’s attorneys until the case is decided
Every family case is different. At the consultation, we review your situation, explain what our representation will cover, and quote a fee. Most cases are handled for a flat fee.
Frequently Asked Questions About Immigration Mandamus
How long must I wait before filing a mandamus lawsuit?
There is no fixed waiting period for a mandamus lawsuit. A case pending well beyond the posted USCIS processing time, after simpler steps have failed, is a good reason to review the options with a lawyer.
Can a mandamus lawsuit get my case approved?
No. A mandamus lawsuit can ask a court to order the government to decide a case, but not to approve it. The case must still meet every legal requirement.
Will suing USCIS hurt my case?
Filing a mandamus lawsuit is not a reason for USCIS to deny a case. A lawsuit can, however, lead to a faster decision, so any weaknesses in the case should be addressed first.
Do I have to go to court for a mandamus lawsuit?
Usually not. Most immigration mandamus cases are handled through written filings and talks with the government’s attorneys.
Can a mandamus lawsuit help with a delayed embassy case?
In some cases. Courts are divided on lawsuits over delays at U.S. embassies and consulates, so each case needs a careful review.
Recent Changes Affecting Delayed Cases
These recent changes affect delayed family cases. We update this section whenever possible.
- Court ruling on the USCIS processing hold. In late 2025 and early 2026, USCIS paused decisions on many applications from people from 39 countries. In June 2026, a federal court set aside that pause. The government has appealed. Families from these countries with long-delayed cases should review their options with a lawyer.
- Travel restrictions. Since January 1, 2026, a presidential proclamation has limited visas for people from 39 countries. The court ruling on the USCIS pause did not end these visa limits.
- Denials without a warning. Since August 5, 2026, USCIS may deny a case without first sending a Request for Evidence or a Notice of Intent to Deny when required evidence is missing. A family should review a delayed case for gaps before pressing for a decision.
Related Videos and Articles
- When is the right time to file a mandamus action? (video)
- Can I Sue the Government for Unreasonable Delay in My Immigration Case? (video)
- What happens when I sue the government for immigration delays? (video)
- Litigating Green Card Processing Delays (video)
- 5 Ways to Get Your Adjustment of Status Moving Forward (article)
Talk With a Columbus Immigration Mandamus Lawyer
Our Columbus office is at 4449 Easton Way #200, Columbus, OH 43219. Our Dublin, Ohio office is at 565 Metro Pl S #100, Dublin, OH 43017. Both offices are open by appointment only, Monday through Friday, 9 a.m. to 5 p.m.
Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
