A writ of mandamus is a civil action lawsuit that seeks to compel a government entity to act in a specific instance. It doesn’t mean you’ll win your case, but it does imply the agency must follow the law’s requirements. A lawsuit can be launched for non-immigrant or green card applications that have been handled incorrectly or denied, as well as citizenship and adjustment of status applications that have been treated similarly. You must establish that you have examined all other options when filing a petition for a writ of mandamus.
A writ of mandamus is not the same as an appeal. It requests that the higher court order the lower court to rule on a specific issue, but it does not instruct the judge on how to rule. In an appeal, you would ask the higher court to rule that the trial court made a mistake during the trial, such as admitting evidence improperly or giving incorrect jury instructions.
The filing of a writ of mandamus has no time limit. A petition for a writ of mandamus, on the other hand, may be dismissed if you file it too late.
When filing a petition for a writ of mandamus, you must comply with Florida Rule of Appellate Procedure 9.100. You must show all of the following:
If you want to succeed in a mandamus action, you must be able to establish three elements:
A writ of mandamus lawsuit filed in response to an unjustified delay could have a variety of outcomes.
Filing a writ of mandamus frequently serves as a stern nudge to DHS. DHS may decide to adjudicate your application and avoid the case entirely once the lawsuit is filed. The matter is closed if DHS decides before it has to respond to the lawsuit.
In other cases, DHS will pursue the writ of mandamus in court. DHS has 60 days to reply to the suit by submitting an answer or petition to dismiss. If you become disqualified for the desired benefit as a result of the government’s unreasonable delay, the action may be dismissed by a federal district court. If the judge finds that DHS took an undue amount of time to decide your application, the judge will order USCIS to make a decision in your case as soon as possible, usually within a certain timeframe. A writ of mandamus should ideally encourage DHS and USCIS to approve your pending immigration application as soon as possible. However, there’s a danger that filing a writ of mandamus will result in your application being denied quickly.
While a writ of mandamus does not guarantee that your application will be successful, it can provide you with peace of mind by ending a long and indefinite period of waiting.
Only certain situations allow for the filing of a writ of mandamus. It can’t be used for any of the following:
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