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A mandamus action may be filed in court to compel USCIS, or any administrative agency, to act where there has been an unreasonable delay that causes harm to the applicant. A mandamus essentially forces the administrative government agency to act.
On average, a writ of mandamus can yield results within 30 to 60 days, with a maximum processing time of 90 days. During this time, the U.S. embassy or USCIS is required to submit their response to the mandamus order in court.
The Court fee for filing a Writ of Mandamus is US $402.
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.
A writ of mandamus is filed in a U.S. Federal District Court. There is no law or strict rule on how long a person must wait before filing a lawsuit. However, if your application is pending for more than 12?24 months or is time sensitive, it may be time to consider such action.