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.
