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Please note that immigration cases are always handled by federal courts, not state courts. There are several steps to filing a writ of mandamus, which include preparing a lawsuit, filing with the appropriate court, summoning and serving the defendants, and making copies of relevant paperwork among other things.
To file a mandamus lawsuit, you must hire an experienced immigration attorney highly knowledgeable in the procedure. It must be filed in the U.S. District Court, where USCIS has jurisdiction over your adjustment of status application.
You are allowed to represent yourself in an writ proceeding in the appellate division. If you have any questions about the writ proceedings and about whether and how you should respond to a writ petition, however, you should consult an attorney.
The petition shall not exceed 50 pages in length and shall contain: (1) the basis for invoking the jurisdiction of the court; (2) the facts on which the petitioner relies; (3) the nature of the relief sought; and (4) argument in support of the petition and appropriate citations of authority.
What is an example of a writ? A writ of mandamus can be filed against a court or a government official. For example, if a government official does not release information that should be made public, a writ of mandamus can be filed, asking the court to compel the official to release the information.