A lawsuit typically seeks to force USCIS to adjudicate your case, meaning approve or deny it, rather than guarantee approval. The strength of your underlying case still matters.
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Request a case reviewMandamus & Immigration Litigation
“Litigation” is the process of taking legal action in court against a person, company, or the government. There are two main types of litigation cases in the context of immigration: delay litigation (aka: Writ of Mandamus) and denial litigation. Litigating immigration cases in federal court is complicated, but at Naser Immigration Law we have experience handling these cases with a winning track record.
USCIS Processing Time Helper
Select your form and service center to quickly access the most recent USCIS estimate. This is especially useful when evaluating whether a delay may justify stronger pre-litigation action or a mandamus strategy.
Example Cases
I-130 Mandamus
Sergio’s I-130
Sergio, a Mexican national, and his wife Anna waited two years after filing their I-130, calling USCIS and even seeking congressional help with no progress.
They hired us on January 1 to file mandamus. By the end of that week the case was filed. On January 28, the USCIS attorney emailed an interview notice for February 7, which they attended. On February 9, the USCIS attorney emailed the approval notice. We shared the good news and voluntarily dismissed the case the same day.
Asylum Mandamus
Mohammed’s asylum application
Mohammed, a 45-year-old father of three from Syria, fled Iraq after political persecution. He waited six years for an asylum interview despite multiple requests and congressional outreach.
He hired us on June 1 and we filed mandamus by June 10. On July 28, USCIS counsel proposed a settlement with interview dates of August 15 or August 25 and a 120-day decision. Mohammed accepted; we extended the litigation deadline until decision. He and his family interviewed on August 15 with our attorney present. On November 17 the case was approved and the mandamus was dismissed.
NVC Delay
George’s immigrant visa
George, a 32-year-old Egyptian green card holder, waited over two years at the NVC to bring his wife Jessica while their daughter’s health worsened abroad. Expedite requests were denied.
We filed mandamus on June 1 and sent a strong expedite through his congressman. After no response, we forwarded the request to NVC counsel on July 17; two days later, NVC expedited and transferred the case to Embassy Cairo. We agreed to a 90-day extension to allow interview and visa issuance. Jessica interviewed September 21, visas issued September 30, and the mandamus was dismissed the same day.
Asylum Delay
Simon’s delayed asylum
Simon, a 54-year-old Chinese citizen, applied for asylum on July 1, 2015 after fleeing persecution for converting to Christianity. Seven years passed with no interview.
He filed mandamus on July 1, 2022. About two weeks later, USCIS counsel offered three interview dates and agreed to a decision within 120 days of the interview. Simon interviewed on August 13, 2022; his asylum was approved September 7, 2022.
Post-interview Delay
Ibrahim’s asylum approval
Ibrahim, a 34-year-old from Iran, applied for asylum on January 1, 2017 after converting to Christianity. He was interviewed on September 3, 2019 but heard nothing for two years.
We filed mandamus on August 1, 2022. On September 15, 2022, USCIS counsel emailed his lawyer with the approval notice attached. The mandamus was dismissed that same day.
FAQs
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Can a lawsuit force USCIS to approve my case?
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Can a lawsuit help me get a work permit faster?
In many cases, yes, especially where the harm is immediate and severe. Courts can order adjudication when an indefinite hold prevents a decision.
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Does filing a lawsuit make USCIS retaliate?
USCIS must still follow the law and adjudicate based on the record. A well-prepared lawsuit frames the issue as unlawful delay and unlawful policy, not a request for special treatment.
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How long does a federal immigration lawsuit take?
It depends. Some cases move quickly, especially when emergency relief is appropriate.
Talk to an Immigration Litigation Attorney (Illinois or Tennessee)
If your work permit (I-765) or green card application (I-485) is frozen by the USCIS benefits pause, you may not have to wait indefinitely. Litigation can be the tool that restarts the process and forces USCIS to do its job.