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(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file the petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.
The applicant has satisfied all conditions precedent giving rise to the duty; There was: a prior demand for performance of the duty; (ii) a reasonable time to comply with the demand unless refused outright; and. a subsequent refusal which can be either expressed or implied, e.g. unreasonable delay.
Writ of mandamus cases have a high success rate, with 99% of cases being processed and submitted faster without contestation in court. However, the success of the petition itself depends on the specific factors of the case. A writ of mandamus forces USCIS to make a decision but does not guarantee approval.
A writ of mandamus can be obtained by filing an application for leave and judicial review at the Federal Court of Canada. There are strict requirements as it relates to the documents, filing and service of another party. Due to the complexity, it is highly recommended to retain the services of an immigration lawyer.
If the time comes that you do need to file a writ of mandamus, you will have to show ?exhaustion of administrative remedies.? This means you have to show the judge that you tried to resolve this issue in many different ways before you came to court. Do not file a writ of mandamus by yourself.