Writ of Mandamus – Court Order for DOS, USCIS, US Embassy to Reply in 60 Days

File writ of mandamus order to get decision within 60 days for pending H1B, B1/B2, L visa from US embassy. Court order for USCIS, DOS if application delayed outside normal time.

Written by AM22Tech Team
  AM22Tech Team    Updated 30 Dec, 23


Listen to this article

The Writ of Mandamus is an order by the federal court to the Department of State (DOS) to give out results within 60 days.

The US embassy is issuing DS 5535 forms to an alarming number of people these days. 5535 form asks for the last 15 years of your work, travel, and address history.

A DS 5535 may take 1 week to a year to complete. There is no insight into why some applications are processed within 1 week and others take years.

If you do not file a Mandamus, you have no way to know how much time your visa application may take.

The writ of Mandamus is considered a very useful way of getting a decision within 60 calendar days for people stuck in long delays after the 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 the US embassy after your visa interview is that the decision can be delayed for months and years.

Writ of Mandamus Success Stories

Brad Banias is an immigration attorney who files various types of U visa, i485, and EAD delay cases all over the US. He has collaborated with a firm ProSePro to help people file Mandamus cases without needing an attorney.

  • Yes, you can file the mandamus case in court yourself without a lawyer. Almost 90% of cases get resolved without a court hearing and hence it should be your first step.
  • If needed, you can appear for a court hearing yourself (it’s a simple one) or you can hire an attorney at that time.
  • ProSePro helps you write your mandamus petition and then sends you the full package which can then be sent to your local court for filing.
  • It is as easy as mailing a package through USPS, UPS, or FedEx.

Another law firm Nimer Law is known 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 the US embassy in Delhi issue a visa within 7 days with Nimer’s help.

Murthy Law firm, popular with the H1B skilled worker community also files Mandamus cases and has shared its 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 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:

A B1/B2 Application for a Pakistani doctor has been pending for over 2 years after he was issued DS 5535. This doctor has traveled to the US multiple times earlier and has family ties with America.

He can file a mandamus case against the US embassy in Pakistan and force them to give a result in 60 days.

We suggest filing 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 a 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 Admin processing for no 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 – the most common types are H1B/H4, F1/F2, and 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.

If you need a qualified attorney to file your case, contact us using the options given below and we will get you the best one in the industry at the lowest price.

FAQ

What is the Writ of the Mandamus Court Case?

A mandamus is a court case that you can file in federal court to force the USCIS, US embassy, Department of State, or other federal organizations to perform the duty that they are legally bound to perform.

What is the Cost of Filing the Mandamus Case?

Most attorneys charge about USD 6000 for filing a Mandamus Case.

The costs vary and might change based on your specific case details and the amount of time required.

Can I file Mandamus Myself Or do I Need An Attorney?

You can file a mandamus case yourself as well through an attorney.

Most (90%) mandamus cases are simple and are resolved in court without a hearing.
Hence, an attorney may not even be required.

Is Mandamus Lawsuit Safe for Applicant?

A Mandamus Lawsuit is safe to file. There is no adverse action taken by the government against the person who files the mandamus case.

What Is Mandamus Processing Time?

The mandamus court order will get the result of your application within 60 calendar days. Most cases get results within 20-30 days.

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 finish the processing faster and submit the final result instead of contesting the case in court.

What Type of Cases Can File Mandamus?

Any application pending outside normal processing time at the US embassy, USCIS, and DOS among other federal agencies is eligible for filing Mandamus.

Examples:
US Green card applications, citizenship, marriage-based spouse immigrant visas, employment visas like L visa, H1B, H4, H4 EAD, investor-based immigrant visas, and study visas such as F-1, B1/B2 visitor visas.

You can file a Mandamus for issuing or renewing passports.

Will Mandamus Result in Denial of My Application?

Mandamus will not result in a denial. A mandamus is only a court order to answer within 60 days. The result can either be approval or denial based on your application paperwork.

Can We File Mandamus For the Pending Application with the US Embassy?

Yes, you can file a mandamus against the US embassy for delaying your application result.



Author

Written by AM22Tech Team
  AM22Tech Team