If you are searching for how to sue USCIS for delay, you are not alone. As of 2026, new USCIS vetting policies and staffing shifts have pushed processing times for Green Cards, Naturalization, and Asylum to record highs. Checking your status online only to see “Case is Being Actively Reviewed” for months or years is no longer acceptable.
At Aftalion Law Group, we specialize in Federal Mandamus actions. We don’t just ask for updates; we sue the government in federal court to force a final decision on your case.
A Writ of Mandamus is a powerful legal tool used to combat “unreasonable delay.” Filed under 28 U.S.C. § 1361, this federal lawsuit asks a judge to command USCIS to perform its duty and adjudicate your pending application.
Pro Tip: A Mandamus does not ask the judge to approve your case; it asks the judge to order USCIS to decide your case. For most of our clients with clean records, this “nudge” is exactly what leads to an approval.
We represent clients in Los Angeles, New York, and nationwide for delays involving:
I-485 Adjustment of Status: Green Card delays exceeding 12–18 months.
N-400 Naturalization: When your citizenship interview was months ago, but no oath has been scheduled.
Asylum Applications: Breaking the years-long backlog for affirmative asylum.
I-765 Work Permits (EAD): Forcing renewals when your ability to work is at risk.
Background Check Delays: Resolving “extended name checks” that stall cases indefinitely.
When we file a lawsuit in the U.S. District Court (Central District of California or Southern District of New York), the government has 60 days to respond.
In a high percentage of cases, the U.S. Attorney’s Office would rather have USCIS process the file than spend taxpayer resources defending a delay in court. This often results in a case decision before the 60-day window even expires.
No. It is a common myth that suing the government leads to retaliation. In fact, filing a Mandamus shows USCIS that you are represented by aggressive counsel. The officer who finally picks up your file is typically a high-level supervisor tasked with resolving the litigation, not a junior clerk.
Bicoastal Authority: Strategically located in Los Angeles and New York City to handle the busiest federal districts.
Aggressive Advocacy: We specialize in the litigation side of immigration law, not just form-filling.
Transparent Success Rates: We provide a clear assessment of whether your delay is “unreasonable” under current 2026 federal standards before you spend a dime.
To learn more, click above for a FREE case evaluation with the U.S. immigration attorneys of Aftalion Law Group.
While there is no official government-published success rate, a high percentage of mandamus cases result in USCIS processing the application before the litigation reaches trial. In many instances, the U.S. Attorney’s Office finds it more efficient to have USCIS adjudicate the pending case than to defend the delay in court.
Most mandamus cases resolve within 60 to 120 days after the lawsuit is filed. The government is typically given 60 days to respond, and in many cases USCIS processes the application within that window. Cases that proceed further can take six months to a year, though this is less common.
Yes. If your N-400 citizenship application has been pending for an unreasonable amount of time with no action, you may file a federal mandamus lawsuit to compel USCIS to make a decision. This applies to delays following the interview, background checks, or oath ceremony scheduling.
No. Filing a mandamus lawsuit does not result in retaliation. The case is typically assigned to a senior USCIS supervisor tasked with resolving the litigation, not a line officer. The lawsuit simply compels the agency to act on your pending application within a reasonable timeframe.
Costs vary depending on the complexity of the case and the law firm. Typical expenses include the federal court filing fee and attorney fees. Aftalion Law Group provides a clear assessment of whether your delay qualifies as unreasonable under current federal standards before you commit to any legal fees. Call (424) 270-6767 for a free evaluation.
