What is a Writ of Mandamus and when is it filed against USCIS?

A **Writ of Mandamus** is a federal lawsuit filed in U.S. District Court to compel a government agency, such as USCIS, to perform a mandatory duty, most often to make a decision on an unreasonably delayed application. It is typically filed when an immigration case (like N-400, I-485, or I-130) has been pending for **six months or more beyond the normal processing time**, and the applicant has exhausted all administrative remedies (like service requests) without getting a meaningful response.

Will filing a Mandamus lawsuit guarantee that my immigration case will be approved?

No. Filing a **Writ of Mandamus** compels the agency to make a decision, but it **does not guarantee approval** of the underlying application. The goal is to legally force the agency's hand to resolve the unreasonable delay. While many cases are approved quickly after a Mandamus is filed to avoid litigation, the eventual decision (approval, denial, or Request for Evidence) is still based on the merits of the original immigration application.

What is a Writ of Habeas Corpus and how does it challenge immigration detention?

A **Writ of Habeas Corpus** is a constitutional remedy that directly challenges the legality of detention. In immigration law, it is filed in federal court to challenge **unlawful detention** by ICE. This is used when an individual is being held without a proper legal basis, has been denied a timely bond hearing, or is being detained for an unreasonably prolonged period without a final decision on their case, violating their due process rights.

How quickly can a Habeas Corpus Petition lead to release from detention?

Due to the urgent nature of challenging detention, **Habeas Corpus** petitions are prioritized in federal court. While timelines vary, the court typically requires a rapid response from the government (ICE/DHS). In some cases, a court order securing release or a bond hearing can be obtained **within days or a few weeks**, significantly faster than standard immigration court or appeal processes.

What types of immigration applications are most often subject to Mandamus delays?

While any application can be delayed, the most common filings that require a **Writ of Mandamus** involve applications with national security checks (name/background checks) that go unresolved for long periods. These frequently include **Naturalization (N-400)**, **Adjustment of Status (I-485)**, and sometimes **Family Petitions (I-130)** or **Special Immigrant Visas (e.g., U/VAWA)** that are stuck well past their posted processing times.

Is your firm licensed to file federal lawsuits outside of Texas?

Yes. While our firm is based in Arlington, Texas, our attorneys are admitted to practice in the U.S. District Courts and can file federal litigation, including **Mandamus** and **Habeas Corpus** cases, in federal courts nationwide. We frequently represent clients across different states whose cases are managed by various USCIS or ICE field offices.

When the System Won't Move Forward, We Take Legal Action

Federal litigation to end unreasonable delays and challenge unlawful detention

If your immigration case has been stuck for months or years with no response, or if you or a family member has been detained without proper legal basis, federal litigation may be your path forward. At the Law Office of Carrie Nguyen, we file Mandamus lawsuits and Habeas Corpus petitions to hold the government accountable and protect your rights.

Are You Stuck in Immigration Limbo?

Your life shouldn’t be on hold while the government fails to do its job. If you’re experiencing any of these situations, federal litigation may be necessary:

Unreasonable Case Delays:

Your citizenship, green card, or visa application has been pending far beyond normal processing times
USCIS won't respond to your inquiries or provide meaningful updates
Months or years have passed with no decision on your case
You've exhausted all other options—service requests, congressional inquiries, and InfoPass appointments

Unlawful Detention:

You or a loved one is being held in immigration detention without proper legal basis
ICE detained you despite having pending appeals or protected status
You were arrested without a criminal record or valid reason
You've been denied a bond hearing or reasonable opportunity for release
You're being held for an unreasonably long period without a decision

Two Powerful Legal Tools to Protect Your Rights

Writ of Mandamus

What It Is

A federal lawsuit that compels USCIS or other government agencies to make a decision on your unreasonably delayed immigration case.

What It Does

What It's Used For:

Common Cases for Mandamus:

Naturalization applications (N-400)
Green card applications (I-485)
Work permit renewals (I-765)
Family petition cases (I-130)
Adjustment of status applications
U visa and VAWA applications
Name check or background check delays

Habeas Corpus Petition

What It Is

A constitutional remedy that challenges the legality of immigration detention and demands the government justify why someone is being held in custody.

What It Does

Challenges unlawful or prolonged detention
USCIS won't respond to your inquiries or provide meaningful updates
Months or years have passed with no decision on your case
You've exhausted all other options—service requests, congressional inquiries, and InfoPass appointments

What It's Used For:

Challenging detention without legal basis
Seeking release from prolonged immigration detention
Obtaining bond hearings before an immigration judge
Contesting detention conditions
Challenging arrests under questionable legal authority
Protecting individuals facing wrongful deportation

Important Note:
Habeas Corpus petitions must typically be filed after exhausting other administrative remedies, though exceptions exist for constitutional violations or denial of basic procedures.

When to Consider Federal Litigation

You Should Consider Mandamus If:

Your case has been pending 6+ months beyond USCIS processing times
You've tried contacting USCIS multiple times with no meaningful response
There are no pending requests for evidence or issues holding up your case
You've submitted service requests and sought congressional assistance
The delay is causing significant hardship—job loss, family separation, inability to travel
You have a strong, well-documented case with complete application materials

You Should Consider Habeas Corpus If:

You or a loved one is detained without clear legal basis
You've been held for an unreasonably long time without a decision
You were denied a bond hearing or reasonable opportunity for release
You cannot be deported under current law (pending appeals, protected status)
You were arrested despite no criminal record or threat to public safety
Standard procedures like bond hearings have been denied without justification

How the Process Works

Mandamus Lawsuits

Step 1: Case Evaluation

We review your case history, communications with USCIS, timeline, and documentation to determine if mandamus is appropriate.

Step 2: Exhaust Administrative Remedies

We ensure you've made good-faith efforts through normal channels—service requests, USCIS inquiries, and other options.

Step 3: Prepare and File Lawsuit

We draft a comprehensive federal complaint and file it in the appropriate U.S. District Court, naming USCIS and the appropriate government defendants.

Step 4: Serve the Government

The lawsuit is formally served on USCIS and the U.S. Attorney's Office, requiring them to respond within 60 days.

Step 5: Government Response

In many cases, USCIS will adjudicate your case before responding to avoid court proceedings. If they respond, we present arguments to the court.

Step 6: Resolution

The court orders USCIS to act, or the agency makes a decision on your case. We continue representing you through final resolution.

Habeas Corpus Petitions

Step 1: Immediate Assessment

We quickly evaluate the circumstances of detention, legal basis for custody, and constitutional violations.

Step 2: Document Collection

We gather detention records, immigration court decisions, evidence of exhausted remedies, and proof of hardship.

Step 3: File Petition in Federal Court

We file the habeas petition in the appropriate federal district court, detailing why detention is unlawful.

Step 4: Request Immediate Relief

If appropriate, we file for a temporary restraining order or preliminary injunction to secure immediate release.

Step 5: Court Proceedings

The government must respond and justify the detention. We present arguments for release or bond hearing.

Step 6: Release or Bond Hearing

The court orders release, a bond hearing, or other relief if detention is found unlawful.

Why Choose the Law Office of Carrie Nguyen

We've Lived the Immigrant Journey

As immigrants ourselves, we understand what's at stake. Attorney Carrie Nguyen immigrated to the United States at age 10, and our all-female team is made up entirely of immigrants and children of immigrants. We don't just practice immigration law—we've lived it.

Federal Court Experience

Federal litigation requires specialized knowledge of both immigration law and federal court procedures. We have the expertise to navigate complex federal litigation and hold government agencies accountable. Carrie is admitted to practice is Northern / Western / Eastern / Southern Districts of Texas

Proven Track Record

With 290+ five-star Google reviews, our clients trust us because we deliver results and keep our promises.

Clear Communication

We provide regular updates throughout the litigation process. You'll never be left wondering what's happening with your case.

Accountability You Can Count On

We set clear expectations and timelines. If we take your case, it's because we believe we can help you move forward.

Compassionate Advocacy

Federal litigation can be stressful and uncertain. We guide you with compassion and clarity, ensuring you understand every step of the process.

What To Expect

Timeline

Costs

Federal litigation involves attorney fees and court filing costs. During your consultation, we’ll provide transparent pricing and discuss payment options.

Outcomes

While we cannot guarantee specific results, federal litigation is often successful in:

Limitations

Mandamus doesn't guarantee case approval—only a decision
Habeas corpus challenges detention legality, not removal orders themselves
Courts require exhaustion of administrative remedies in most situations
Not every delay or detention qualifies for federal litigation

Frequently Asked Questions

How long does a Mandamus lawsuit take?

Most cases see USCIS action within 60-180 days after filing. Many times, USCIS adjudicates the case before responding to the court to avoid judicial oversight.

Will filing a lawsuit make USCIS retaliate or deny my case?

No. Federal law prohibits retaliation against applicants for exercising legal rights. Filing mandamus is a legitimate legal remedy.

How much does federal litigation cost?

Costs vary based on case complexity. We provide transparent pricing during consultations and discuss payment options.

Is my delay long enough to file Mandamus?

Generally, delays of 6+ months beyond normal processing times may qualify. We evaluate each case individually.

Can I file Habeas Corpus if I'm already in removal proceedings?

It depends. Habeas corpus challenges detention, not removal orders. However, you may file habeas to challenge unlawful detention while removal proceedings are pending.

What if I'm detained far from Texas?

Habeas corpus petitions are filed where the person is detained. We can coordinate with local counsel or refer you to qualified attorneys in other jurisdictions.

Do I need to file Mandamus before my case is completely outside processing times?

No. The longer the delay, the stronger your case. But we evaluate based on unreasonableness, not just posted processing times.

What happens after the court orders the government to act?

USCIS must make a decision—approval, denial, or request for evidence. We continue representing you through the final outcome.

Take Action Today

You don’t have to wait in limbo forever.

If your immigration case has been unreasonably delayed, or if you or a loved one is being held in detention without proper legal basis, federal litigation may be the answer. The Law Office of Carrie Nguyen has the experience and determination to hold the government accountable and protect your rights.

We guide. We protect. We empower.

Schedule Your Federal Litigation Consultation

During your consultation, we will:

Review your case timeline and documentation
Assess whether federal litigation is appropriate
Explain the process, costs, and expected outcomes
Answer all your questions with honesty and clarity
Provide you with a clear path forward

You Are Not Alone.

At the Law Office of Carrie Nguyen, we stand beside immigrant families when the system fails to act. With persistence, expertise, and compassion, we fight to move your case forward and protect your constitutional rights.

Serving families nationwide with federal immigration litigation.

Carrie is admitted to practice is Northern / Western / Eastern / Southern Districts of Texas