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An order from a higher court to a lower court or other government body ordering it to do something that the law requires is called as a Writ of Mandamus. With respect to immigration, a Writ of Mandamus may refer to a lawsuit against the United States Citizenship and Immigration Service (USCIS) to rule a petition of some form but has not provided a decision after a considerable period of time. However, such a lawsuit is considered a last resort after every other way has been explored.

Even Though a Writ of Mandamus may compel the USCIS to fasten up the process of delayed applications, the Writ cannot compel USCIS to rule favorably for the petitioner. A Writ of Mandamus cannot redress a plaintiff who has already lost an important opportunity in a time-sensitive case due to the inaction of immigration officials.

If your visa application has been pending for longer time than the projected time period and you are contemplating filing a lawsuit, schedule your appointment. Contact us at 201-518-6642201-518-6642 (Jersey City Office) or at 732-750-1269732-750-1269 (Woodbridge Office). You can also email your appointment request to us at info@surtilaw.com. For Immigration Matters, we represent clients in all 50 states of the United States.