Writ of Mandamus is an order by federal court to department of state (DOS) to give out result within 60 days.
US embassy is issuing DS 5535 forms to an alarming number of people these days. 5535 form asks for last 15 year of your work, travel and address history.
As we reported earlier, DS 5535 may take 1 week to years to complete. There is no insight into why some applications are processed within 1 week and others take years.
If you do not file Mandamus, you have no way to know how much time your visa application may take.
Writ of Mandamus is considered a very useful way of getting a decision within 60 calendar days for people stuck in long delays after DS 5535 form.
There is no publicly available information about why this extreme check form is issued to some people but not others. The problem with this form issuance by US embassy after your visa interview is that the decision can be delayed for months and years.
Writ of Mandamus Success Stories
Ohio based Nimer Law is one of the front runner attorneys that are famous for filing mandamus cases especially for H1B and Iranian visa delays due to travel bans. Indian Physician’s H4 dependent was issued DS 5535 and Nimer’s mandamus application made US embassy in Delhi issue visa within 7 days with Nimer’s help.
We have tied up with Nimer Law firm to get a $250 discount on their attorney fees for mandamus cases if you use referral code ‘am22tech‘.
Murthy Law firm, popular with H1B skilled worker community also files Mandamus cases and have shared their success story here.
When Should I file Mandamus?
You should consider filing a mandamus case if your application has been delayed beyond normal processing time as compared to other such similar applications.
This processing time may vary with each US embassy. You can get an idea of normal processing time by checking the online forums or talking to an attorney.
Example: B1/B2 Application for a Pakistani doctor is pending for over 2 years after he was issued DS 5535. This doctor has traveled to US multiple times earlier and has family ties with America.
He can file a mandamus case against US embassy in Pakistan and force them to give a result in 60 days.
Jennifer Nimer from Nimer law suggests to file a mandamus lawsuit for the following types of cases:
- Anyone who has been given the DS-5535.
- Anyone who has been given a 221(g) refusal (generally after 60 day wait, but can file sooner depending on circumstances).
- Anyone stuck in administrative processing who was not given the DS-5535 or a 221(g), but is simply in AP for no apparent reason.
- Anyone with emergency circumstances surrounding their visa application.
- Any type of immigrant visa delay like individuals affected by the travel ban.
- Any type of non-immigrant visa delay – most common types are H1B/H4, F1/F2, J1/J2, but can be filed for any type of visa.
- Green card or citizenship applications outside standard processing time with USCIS.
- Petitions outside normal processing time with USCIS – including I-129, I-130, I-140, I-730 etc.
- Passport delay cases – usually this comes up with renewing a USA passport.
We recommend Nimer Law for mandamus cases due to their quick turnaround time. If you are ready to file mandamus, use referral code ‘am22tech‘ to get $250 off with Nimer Law firm on their attorney fees.
A mandamus is a court case that you can file in federal court to force the USCIS, US embassy, Department of State of other federal organization to perform their duty that they are legally bound to perform.
Most attorneys charge about USD $6000 for filing Mandamus Case.
The costs vary and might change based on your specific case details and amount of time required.
You can use Nimer Law coupon code ‘Am22tech’ to get $250 discount on mandamus attorney fees.
You will need an attorney to file Mandamus application on your behalf. This is a court case filed in federal court and hence needs a capable lawyer to handle it for you.
Mandamus Lawsuit is safe to file. There is no adverse action taken by government against the person who files mandamus case.
Mandamus court order will get your result on your application within 60 calendar days. Most cases get result within 20-30 days.
Basically, when you file a court case, the US embassy or USCIS has to submit their answer in court within 60 days.
In 99% of cases, they just finish the processing faster and submit the final result instead of contesting case in court.
Any application pending outside normal processing time at US embassy, USCIS and DOS among other federal agencies are eligible for filing Mandamus.
US Green card applications, citizenship, marriage based spouse immigrant visas, employment visas like L visa, H1B, H4, H4 EAD, investor-based immigrant visas, study visa such as F-1, B1/B2 visitor visa.
You can file Mandamus for issuing or renewing passports.
Mandamus will not result in a denial. Mandamus is only a court order to answer within 60 days. The result can either be approval or denial based on your application paperwork.
Yes, you can file mandamus against US embassy for delaying your application result.