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Writ of Mandamus

Writ of Mandamus Lawyer in Alexandria, VA

Representation in Fairfax County, Arlington County, Northern Virginia, & Nationwide

Waiting for a response in your case can often feel frustrating and overwhelming. When it comes to responses from the USCIS, talking to an attorney about filing a writ of mandamus can expedite the process of obtaining a response.

Immigration is one of the most sophisticated areas of law and can be very complex to understand. Making sense of your situation and figuring out your rights can be tough.

Talking to our Alexandria immigration lawyer at Mughal Law Firm can aid in finding a solution for your case, our firm is exclusively devoted to US. Immigration Law. With Attorney Mughal on your side, you can increase your chances of getting the best possible outcome.

What is a Writ of Mandamus?

An order from a superior court to a lower court that orders them to properly fulfill their official duties or correct abuse of discretion. It can be used in cases where there has been an unreasonable delay or if there has been an unlawful withholding of action. According to the U.S. Department of Justice this should only be used in exceptional circumstances of emergency or public importance.

28 U.S.C. §1361 is the statute that allows a writ of mandamus to be filed. It is a straightforward statute that allows individuals to petition federal district courts to order an officer or employee of the United States or any agency to perform its duty.

Request a consultation with our expert immigration attorney to discuss your options to submit a writ of mandamus by contacting us online or at (703) 520-7571. ¡Hablamos Español!

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Common Reasons for Filing Writ of Mandamus

Some situations that are common for filing a Writ of Mandamus include:

  • As mentioned above, to get a lower court to rule on a motion that was filed a long time ago and no action has yet been taken.
  • To receive information from a court-appointed lawyer or public defender. 
  • To have a lower court decide on a case that was previously dismissed for lack of jurisdiction error.
  • For the release of records after a public records request has been made.

What does a Writ of Mandamus do in Immigration cases?

A writ can help to resolve any situations where there has been an unreasonable delay or inaction on the part of an immigration agency of other officials that prevent the petitioner from obtaining a decision or resolution on their case.
Filing a Writ of Mandamus does not guarantee that your application will be granted but rather compels the agency to make a decision on your case. 

What types of immigration writs of mandamus are available to be written?

  • Naturalization Delays  
  • Green Card Delays
  • Spouse based visas overseas
  • Stalled background checks
  • Unexplained delays
  • Administrative delays

For more information, please be sure to contact us a Mughal Law Firm, PLLC online or at (703) 520-7571.

Helping Unite Families Since 2013

Why Choose Mughal Law Firm?
  • Client Centered Approach
    Our solutions are tailored to your specific objectives and needs.
  • Providing Service in Spanish
    Immigration help provided by a Spanish-speaking team.
  • We Only Handle Immigration
    We're exclusively focused on handling immigration cases.
  • Virtual Consultation Available
    Meet with our immigration lawyers during a virtual consultation!

What Steps You Need To Take To Bring Mandamus Lawsuit

  1. Send a Notice of Intent to agency that is refusing to take action (typically USCIS).
  2. This notice will give the agency up to 30 days to respond.
  3. After 30 days, the agency will either take desired action or provide an explanation for the delays.
    Note: If an agency does not respond or take action, then the process officially begins.
  4. File a mandamus lawsuit against them in federal court.
  5. You must have a clear right to the relief request. Counsel requesting a writ should be able to demonstrate that they do have a legal right to compel the respondent to complete an action or refrain from doing so. 
  6. The USCIS has a clear duty to perform the action you want to be ordered. This means that the duty must be of public nature and also must be imperative not discretionary.
  7. There are not any other adequate remedies available.

What are the different types of writs of mandamus?

  • Peremptory Writ of Mandamus: Court orders issued against USCIS telling them they must act accordingly to their lawful duty.
  • Alternative Writ of Mandamus: Court orders that force USCIS to take certain action or show the judge why they do not have to comply.

Partner with a Team That Cares

Choosing Mughal Law Firm for your immigration needs means placing your trust in a team of dedicated professionals who understand the profound importance of uniting families. Our depth of experience, detailed knowledge of the immigration process, and commitment to personalized service set us apart. 

We take pride in helping you navigate the U.S. immigration system. With us, you're not just another case file; you're a family looking to build a promising future, and we're here to help make that happen.  

Contact us today online or at (703) 520-7571. We serve clients in Fairfax County, Arlington County, and Northern VA.  

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