Pursue a Writ of Mandamus Action With a Los Angeles or Fullerton Attorney
Case backlogs have become increasingly common at the United States Citizenship and Immigration Services (USCIS) and other government agencies involved in immigration cases. It is not uncommon to hear of cases taking two years or longer to reach resolution.
Our attorneys at the Law Offices of Gita B. Kapur and Associates have been providing legal guidance and advocacy in Southern California since 2006. We have seen how USCIS and other government agencies involved in our clients’ cases fail to respond to lawful and carefully prepared petitions in a timely manner. From permanent residents to asylum seekers, these delays can jeopardize not only their cases and applications but also their lives in the U.S.
In situations like these, a writ of mandamus can be a powerful solution. Our attorneys use this legal action to compel the government to act on stalled visa petitions, waivers and other applications, helping our clients pursue a positive outcome without further undue waiting.
When Can You File a Writ of Mandamus?
A writ of mandamus is an order from a court to a government official requiring the official to fulfill their proper duties without delay. By filing a petition, our immigration attorneys can ask a court to compel the USCIS or another agency to fulfill their duties by responding to these actions that we have sought on our clients’ behalf.
This includes requesting:
- Completion of consular processing waivers: These may be necessary for those who need to overcome certain bars to entering the country and obtaining a visa
- A decision on waiver of removal: These can be essential to people facing deportation from the U.S., often due to past criminal convictions or immigration violations
- A decision on a detention and bond-related petition: Especially crucial when a client is under the custody of immigration authorities
- A response to a petition for a provisional unlawful presence waiver (I-601A): Allows certain immediate relatives of U.S. citizens who have accrued unlawful presence to have their immigration violation waived before departing the U.S. for their visa interview, preventing the triggering of the 3- or 10-year re-entry bars
When a court issues a writ of mandamus, USCIS and other involved agencies typically have 60 days to respond. While they may request an additional 60 days, cases subject to a mandamus action often gain higher priority within the agency. This means that an applicant can receive a resolution much sooner than they would through standard processing. In many instances, a process with a multi-year waiting period can have a resolution or an answer in a matter of months due to the court’s intervention.
What Are the Grounds for a Writ of Mandamus?
When we walk our clients through the option of filing a writ of mandamus, our lawyers first assess whether the case meets the following grounds:
- The government official or agency had a clear legal obligation to perform a specific act
- This duty must be nondiscretionary, meaning the official or agency does not have the option to decide whether or not to perform it
- There must be a failure or unreasonable delay by the agency in performing this duty
- There was no other sufficient legal solution available to address the agency’s failure to act
- The petitioner has a clear right to receive the outcome sought
If you are considering a writ of mandamus action, our attorneys can evaluate your case and ensure you have valid grounds to do so. We can also draft your petition and file it in the appropriate federal district court on your behalf. Should the process involve hearings or additional requirements, our attorneys will represent you at every stage.
Learn More About Your Options: Call Us Today
Every situation is different, and filing a writ of mandamus is only one out of many options. Let our seasoned immigration lawyers guide you through all available legal avenues so you can make an informed decision.
At the Law Offices of Gita B. Kapur and Associates, we are committed to making quality legal representation accessible. We offer competitively priced services and provide flexible payment plans for qualified clients. Our attorneys proudly serve individuals and families throughout Los Angeles, Fullerton and many surrounding communities in California.
We speak a variety of languages to ease the process for our immigrant clients, including Spanish, Zapotec, Korean, Hindi, Punjabi, Gujarati, and Urdu. Schedule a consultation with us today by calling 213-784-6598 or by completing our online intake form.