N-400 Pending After Interview? The 120-Day Federal Court Rule

If your N-400 is pending after interview and USCIS still has not issued a decision, federal law provides an important rule that is different from the ordinary mandamus analysis used in many other immigration-delay cases. For most delayed immigration applications, there is no fixed number of months that automatically creates a right to federal court...

I-130 Approved 57 Days After Mandamus Lawsuit Was Filed

An I-130 was approved after a mandamus lawsuit was filed in federal court, following more than 13 months of waiting without a final decision. In this matter, the I-130 petition had been pending for approximately 13 months and 26 days when the federal lawsuit was filed. USCIS scheduled an interview 42 days after the mandamus...

Can USCIS Deny Your Case After You File a Mandamus Lawsuit?

A USCIS denial after mandamus lawsuit filing is possible. Filing a federal lawsuit may help move an unreasonably delayed immigration matter toward adjudication, but it does not control the outcome. USCIS must still determine whether the applicant or petitioner qualifies for the requested benefit. Quick Answer: Yes. USCIS can deny a case after a mandamus...

Mandamus Lawsuit Cost: How Much Does It Cost to Sue USCIS?

If your immigration case has been delayed for an extended period, you may be wondering about the mandamus lawsuit cost and whether filing a federal lawsuit against USCIS is financially practical. The total cost generally includes attorney fees, the federal court filing fee, certified-mail and service expenses, and potentially other case-specific litigation costs. There is...

What Happens After You File a Mandamus Lawsuit Against USCIS?

Many applicants understand why federal litigation may be necessary but are unsure what happens after filing a mandamus lawsuit against USCIS. Does USCIS receive the lawsuit immediately? Does the government have 60 days to respond? Will USCIS schedule an interview? Could the agency issue an RFE? Does the case automatically go before a judge? The...