Mandamus relief can be sought in federal court when international professionals and U.S. employers believe that immigration agencies are unjustifiably delaying the processing of their cases.
In the context of immigration, a mandamus is a legal remedy that compels a government agency, such as U.S. Citizenship and Immigration Services (USCIS), to fulfill its duty and make a decision on a pending case within a reasonable timeframe. A mandamus petition may be filed requesting the court to order the agency to take action.
To be eligible for mandamus relief, the petitioner typically needs to demonstrate in federal court that there has been an unreasonable delay in the processing of their case and that the delay is causing significant harm or prejudice. Mandamus relief is a mechanism for holding immigration agencies accountable and ensuring that cases are processed in a timely manner, preventing prolonged uncertainty and potential harm to individuals awaiting decisions on their immigration status. This legal remedy aims to uphold the principle of timely and fair administrative action in the immigration process.
The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.