Challenging Immigration Delays with a Writ of Mandamus

If the immigration service unreasonably delays making a decision in your case, you should consider the option of filing an action for writ of mandamus in federal district court. This type of lawsuit seeks to force the immigration authorities to make a decision on the case. For example, a person may file an action for a writ of mandamus if USCIS does not make a decision on an I-485 or I-751 for an unreasonable length of time. Mandamus also is appropriate for the lengthy delays that result in consular delays for visas to be issued. Board Certified Immigration Attorney Suzanne E. Vazquez has filed writs of mandamus for the following types of cases: H-1b petition with USCIS (and then the visa issuance in Syria), K-1 fiancé visa in China, as well as many adjustment of status and naturalization cases. Suzanne will give you a fair assessment of your case so you are aware of the possible outcomes before you commit your hard-earned money.

You can also bring an action in Federal Court if the immigration authorities misapply the law in denying your case. This is done by seeking judicial review under the Administrative Procedure Act (APA). For example, a person might file a lawsuit under the APA to challenge the denial of an I-130 based on the alleged lack of a legal marriage.

N-400 (Naturalization) applicants for U.S. citizenship receive special rights to judicial review under section 336(b) of the Immigration and Nationality Act. Specifically, the U.S. District Court may take jurisdiction over a naturalization case and the federal court judge could decide it him or herself if USCIS fails to decide the application within 120 days after the examination. The court may also remand the case to USCIS with instructions to complete the case by a set deadline that the Immigration service will abide by!

Suzanne E. Vazquez has represented clients in these types of federal lawsuits before the U.S. District Court in Tampa, Orlando and Jacksonville, Florida.

Contact Immigration Attorney Suzanne E. Vazquez

If you are concerned about cost, talk to Suzanne before you decide whether to pursue your right to judicial review. Our fees are very reasonable. You may email us at or call us at (407) 674-6968 during office hours. You may also call us at 813-400-0055 to make an appointment at our Tampa location. If you have an emergency and need to talk to us, please call (407) 925-2554 and we will contact you shortly.

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Telephone: (407) 674-6968 • After Hours: (407) 925-2554 • Fax: (407) 965-5328 • Email:

319 North Fern Creek Avenue, Orlando, Florida 32803

Tampa Office. By appointment only: 813-400-0055

Copyright 2018, Suzanne E. Vazquez, P.A.

Member of the AILA - American Immigration Lawyers AssociationAVVO Top Immigration Attorney Suzanne E. VazquezAVVO Board Certified Immigration Lawyer - Clent's Choice 2012Board Certified Immigration Attorney by The Florida Bar

The Information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own particular case.