USCIS Mandamus

Overview of Writ of Mandamus

If your immigration application with USCIS has faced significant delays, you may consider a legal remedy known as a Writ of Mandamus. This federal lawsuit compels a U.S. agency, such as USCIS, to act on your case when unreasonable delays have occurred. It ensures applicants can assert their rights and prompt USCIS to make a decision.

What a Writ of Mandamus Does in Immigration Cases

A Writ of Mandamus is used when there is inaction or undue delay by immigration agencies, preventing a resolution of your case. Common scenarios include:

  • USCIS failing to adjudicate immigration applications or petitions within a reasonable time.
  • Immigration courts or the Board of Immigration Appeals (BIA) not issuing rulings after prolonged periods.

Filing a mandamus lawsuit can compel these agencies to act and prevent further delays in your immigration process.

Writ of Mandamus Requirements for 2025

To file a Writ of Mandamus, the following criteria must be met:

  • USCIS has a clear duty to act on your case.
  • This duty is owed specifically to you.
  • No other forms of relief are available.
  • The delay by USCIS is clearly unreasonable.
Determining Unreasonable Delay by USCIS

The Administrative Procedures Act requires agencies to complete tasks assigned by Congress within a reasonable time. Factors to assess unreasonable delay include:

  • Compare your case processing time to USCIS standard times listed on their website.
  • If your case exceeds standard processing times and you have not received a decision, filing a Writ of Mandamus may be the best course of action.
  • Mandamus requests typically urge the court to instruct USCIS to make a decision promptly, often prompting USCIS to act without the case going before a judge.
Potential Outcomes of a Writ of Mandamus

After filing, several outcomes are possible:

  • Case Adjudication: USCIS may take immediate action and approve or deny your application.
  • Case Transfer: USCIS might transfer the case to another office for faster processing.
  • Explanation for Delay: The court may require USCIS to provide a detailed explanation for the delay.
USCIS Mandamus Lawyer

A Writ of Mandamus is an effective tool for addressing delayed immigration cases, but consulting an experienced attorney is essential. Legal guidance ensures your case meets the criteria, navigates procedural requirements, and improves the likelihood of timely resolution. Contact our office today at 323-805-0445 to discuss whether a Writ of Mandamus is suitable for your situation.

Writ of Mandamus Frequently Asked Questions
  • I filed my USCIS application over a year ago and have not received a decision. What should I do? – Our attorneys evaluate your case to determine if filing a Writ of Mandamus is appropriate. To prevail, we must demonstrate:
    • USCIS has a clear duty to act on your case.
    • This duty is owed to you.
    • No other remedies are available.
    • The delay is unreasonable, based on factors like USCIS standard processing times.
Employment Visas

Social

Contact Me:

Practice Areas:

  • Immigration Law
  • Affirmative and Defensive Asylum
  • Employment Immigration
  • Cancelation of Removal
  • Credible Fear Inerview

Education:

Florida International University College of Law, Miami, Florida
  • Miami – 2020
  • Honors: Dean’s List
Universidad Francisco Gavidia, San Salvador
  • B.S. – 2008
  • Major: Engineering

Representative Clients

  • Hispanic

Current Employment Position

  • Senior Partner

Mariano F. Herrera

Mariano Herrera is a passionate and dedicated United States Immigration Attorney originally from El Salvador, Central America. His personal journey as an immigrant to the United States inspired him to pursue a career devoted to helping others navigate the complex path of immigration law. After earning his Juris Doctor from Florida International University (FIU) College of Law and passing the bar exam, Mariano began his practice as an immigration attorney with an unwavering commitment to advocacy and justice. Drawing on his own immigrant experience, Mariano deeply understands the hopes and challenges faced by those seeking a new life in America. He brings empathy, precision, and determination to every case, representing clients before the Immigration Courts and USCIS. His mission is simple yet profound — to help as many immigrants as possible realize their American dream. Mariano’s legal expertise covers a wide range of immigration matters, including business and employment immigration, family-based petitions, asylum, deportation defense, and naturalization. Known for his meticulous attention to detail and steadfast dedication, he ensures that each client receives personalized guidance and strong representation. Fluent in both English and Spanish, Mariano effectively serves a diverse community of clients from around the world. Beyond his legal practice, Mariano is actively engaged in community outreach and education. He regularly leads workshops and seminars to inform immigrants about their rights and legal options, and partners with nonprofit organizations to provide pro bono legal services to those in need. Outside the office, Mariano enjoys traveling, exploring different cultures, and discovering new cuisines — experiences that broaden his worldview and deepen his empathy for clients from all backgrounds. A passionate reader and keen follower of global affairs, he continually enriches his knowledge of immigration trends and international issues. Mariano Herrera’s journey from El Salvador to the United States, combined with his compassion and professional excellence, has made him a trusted advocate and a respected figure in the field of immigration law.

Past Positions

  • Brandis and Associates, Associate Attorney, Feb. 2022 – July 2022

Professional Associations

  • State Bar of Wisconsin, Member, 2020
  • American Immigration Lawyers Association, Member, 2022 – 2023

Bar Admissions

  • El Salvador, 2003
  • Wisconsin, 2020
  • U.S. Court of Appeals 9th Circuit
  • U.S. Immigration Court

Contact Me:

Practice Areas:

  • Immigration Law
  • Business Immigration
  • Employment Immigration
  • Family Based Immigration
  • Non-Immigrant Visas

Education:

Florida International University College of Law, Miami, Florida

  • LL.M – 2020
  • Honors: Dean’s List

Bowling Greend State University, Bowling Green, Ohio

  • M.A.
  • Honors: Dean’s List

Representative Clients

  • Caribbean

Current Employment Position

  • Partner

Juliette A. Potter

Juliette Potter is a highly accomplished United States Immigration Attorney with over two decades of legal experience. She began her legal journey as a Barrister in the United Kingdom and was later admitted as an Attorney-at-Law in Antigua and Barbuda before the Eastern Caribbean Supreme Court.

Ms. Potter’s academic background is equally distinguished. She holds a Master of Laws (LL.M.) from Florida International University College of Law, a Bachelor of Laws (Honors) from the University of Wolverhampton, and a Legal Education Certificate from the Norman Manley Law School in Jamaica. She also earned a Master’s degree in Organization Development from Bowling Green State University’s College of Business in Ohio.

Her professional experience spans both the corporate and legal worlds. Before entering private immigration practice, she served as Chief Legal Officer for an international group of companies. Today, she is a Licensed Attorney in the State of New York, representing clients before the Federal Immigration Courts of the United States, while also maintaining her active law license in Antigua and Barbuda.

As an immigrant herself, Ms. Potter brings a unique perspective and deep empathy to her practice. Her personal experiences inspire her unwavering commitment to helping clients navigate the complexities of U.S. immigration law with confidence and care.

Outside the courtroom, Ms. Potter enjoys cooking, traveling, and exploring new cuisines — passions that reflect her appreciation for diversity and global cultures, both in life and in law.

Past Positions

  • The Fairweather Group, Chief Legal Officer, 2012 to 2018
  • Elite Island Holding Company Ltd., Legal Counsel, 2005 to 2012

Professional Associations

  • New York State Bar Association, Member, 2022
  • Antigua and Barbuda Bar Association, Member, 2005
  • American Immigration Lawyers Association, Member, 2023 – 2024

Bar Admissions

  • England and Wales, 2003
  • Eastern Caribbean Supreme Court, 2005
  • New York, 2023