Alexandria Writ of Mandamus Lawyer
Representation in Fairfax County, Arlington County, Northern Virginia, & Nationwide
Waiting for a response, in your case, can often feel frustrating and overwhelming. Talking to an attorney about filing a writ of mandamus can expedite the process of obtaining a response from the USCIS.
Immigration is one of the most sophisticated areas of law and can be very complex to understand. Making sense of your situation and figuring out your rights can be challenging.
Talking to our Alexandria immigration lawyer at Mughal Law Firm can help you find a solution for your case. Our firm is exclusively devoted to US Immigration Law. With Attorney Mughal on your side, you can increase your chances of getting the best possible outcome.
Is USCIS delaying your immigration case without explanation? Call Mughal Law Firm today at (703) 520-7571 or contact us online to explore your legal options. ¡Hablamos Español!
What is a Writ of Mandamus?
An order from a superior court to a lower court that orders them to properly fulfill their official duties or correct abuse of discretion can be used in cases where there has been an unreasonable delay or an unlawful withholding of action. According to the U.S. Department of Justice, this should only be used in exceptional circumstances of emergency or public importance.
28 U.S.C. §1361 is the statute that allows a writ of mandamus to be filed. It is a straightforward statute that allows individuals to petition federal district courts to order an officer or employee of the United States or any agency to perform its duty.
What are the Different Types of Writs of Mandamus?
There are two main types of writs of mandamus that may be filed in immigration cases, each serving different purposes and designed to address varying degrees of delay or inaction. Understanding the distinction between these writs can help determine the best course of action for your case.
- Peremptory Writ of Mandamus: This type of writ directly compels USCIS to take action according to their legal obligations. The court issues an order that mandates USCIS must perform its duty without further delay, typically in cases where there has been an unreasonable hold-up or inaction.
- Alternative Writ of Mandamus: In this case, the court orders USCIS to either take the specific action requested or provide a valid explanation as to why they cannot comply. This writ forces the agency to demonstrate why they are not fulfilling their duty, ensuring there is accountability for any delays.
Common Reasons for Filing a Writ of Mandamus
Some situations that are common for filing a Writ of Mandamus include:
- As mentioned above, no action has yet been taken to get a lower court to rule on a motion filed a long time ago.
- To receive information from a court-appointed lawyer or public defender.
- To have a lower court decide on a case previously dismissed for lack of jurisdiction error.
- For the release of records after a public records request has been made.
What Does a Writ of Mandamus Do in Immigration cases?
A writ can help to resolve any situation in which an unreasonable delay or inaction on the part of an immigration agency or other officials prevents the petitioner from obtaining a decision or resolution on their case.
Filing a Writ of Mandamus does not guarantee your application will be granted; instead, it compels the agency to decide on your case.
Ready to take the next step in your immigration case? Contact our Alexandria Writ of Mandamus lawyer now to learn more about how we can help.
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What Types of Immigration Writs of Mandamus are Available to be Written?
In immigration cases, a writ of mandamus can be utilized for various delays and issues that prevent progress in a timely manner. Below are some common types of immigration-related writs of mandamus that can be filed to address specific challenges:
- Naturalization Delays
- Green Card Delays
- Spouse-based visas overseas
- Stalled background checks
- Unexplained delays
- Administrative delays
How Long Does the Writ of Mandamus Process Take?
Once a mandamus lawsuit is filed in federal court, the agency—typically USCIS—has 60 days to respond to the complaint. In many cases, the filing alone prompts the agency to act, often resulting in a decision before the matter progresses to court. However, timelines can vary if the case moves forward based on the court’s schedule, the agency’s cooperation, and whether settlement discussions occur. Generally, most cases are resolved within 3 to 6 months, though more complex situations may take longer. While this legal remedy is not instantaneous, it can be far more efficient than waiting indefinitely for USCIS action.
Risks and Considerations Before Filing a Mandamus Lawsuit
While a writ of mandamus can be a powerful tool to compel government action, it’s essential to understand the risks before filing. First, there’s no guarantee that USCIS will rule in your favor—only that they must make a decision. If the agency had concerns about your case before the delay, those issues could resurface once action is taken. Additionally, litigation costs and court filing fees can add up, making it essential to evaluate whether the urgency of your situation justifies this step. In some rare cases, aggressive litigation may strain your relationship with the agency. For these reasons, consulting with an experienced Alexandria writ of mandamus lawyer is critical to ensure that filing is appropriate and strategically sound.
Don’t let government delays stall your future—contact a trusted Alexandria writ of mandamus lawyer at Mughal Law Firm now for a consultation.
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Why Choose Mughal Law Firm?
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Client Centered ApproachOur solutions are tailored to your specific objectives and needs.
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Providing Service in SpanishImmigration help provided by a Spanish-speaking team.
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We Only Handle ImmigrationWe're exclusively focused on handling immigration cases.
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Virtual Consultation AvailableMeet with our immigration lawyers during a virtual consultation!
What Steps You Need To Take To Bring Mandamus Lawsuit
- Send a Notice of Intent to an agency refusing to take action (typically USCIS).
- This notice will give the agency up to 30 days to respond.
- After 30 days, the agency will either take the desired action or explain the delays.
- Note: If an agency does not respond or act, the process officially begins.
- File a mandamus lawsuit against them in federal court.
- You must have a clear right to the relief request. Counsel requesting a writ should be able to demonstrate that they do have a legal right to compel the respondent to complete an action or refrain from doing so.
- The USCIS has a clear duty to perform the action you want to be ordered. This means that the duty must be of a public nature and also must be imperative, not discretionary.
- There are not any other adequate remedies available.
Contact Our Alexandria Writ of Mandamus Lawyer Today
Choosing Mughal Law Firm for your immigration needs means trusting a team of dedicated professionals who understand the profound importance of uniting families. Our depth of experience, detailed knowledge of the immigration process, and commitment to personalized service set us apart.
We take pride in elping you navigate the U.S. immigration system. With us, you're not just another case file; you're a family looking to build a promising future, and we're here to help make that happen.
Contact us online or at (703) 520-7571. We serve clients in Fairfax County, Arlington County, and Northern VA.
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