USCIS is processing over 12 million cases, and 7 million of them have been waiting for a decision for more than a year. If your work visa, green card, or naturalization has stalled past the normal processing time, and there’s no movement on your case, you can file a federal lawsuit to compel action — a writ of mandamus. It doesn’t guarantee approval, but it forces USCIS to issue a decision.

Where cases tend to get stuck

The biggest delays affect work permits (EAD), adjustment of status, naturalization (N-400), and asylum applications. A second tier includes family petitions and some work visas.

There’s a difference between pending and backlog. Pending refers to all cases in the USCIS system (12 million) awaiting processing. Net backlog refers to cases that have already passed the normal processing time but see no action. Such files can sit for 2 years or more past the expected deadline.

Your case may be stuck for reasons beyond your control: a background check hasn’t come back, a name check is waiting on a file update, offices are passing documents back and forth, USCIS policy is changing, or your case is simply sitting in a pile of 7 million others.

Who this affects the most

You may need help if:

— your work permit (EAD) has expired or is about to expire, and you’ve been waiting months or years for a new one;

— your adjustment of status has been frozen for a long time: you’ve done fingerprints, answered all requests for evidence, but nothing is happening — sometimes for two or three years;

— you’ve had your naturalization interview, but the oath ceremony hasn’t been scheduled, or you haven’t even had an interview yet;

— you only get standard responses that explain nothing;

— the delays are costing you your job, relationships, and the ability to live in the US.

Five steps to get your case moving

Step one: check the correct processing time. Go to the USCIS processing times section. Don’t stop at the general figure — there are drop-down menus below. Find the question “When can I inquire about my case?” and enter the date you received your notice. If that date hasn’t arrived yet, USCIS will ignore your inquiries. If you’ve already passed it, it’s time to think about next steps.

Step two: check your own side. Have you answered all requests for evidence? Sent them everything they asked for? Updated your address if you moved? If none of this is on you, dig deeper.

Step three: file an official inquiry. Once the normal processing time has passed, there’s a formal way to submit an inquiry to USCIS.

Step four: contact Congress. A congressional inquiry sometimes helps.

Step five: file a mandamus. If everything else fails, there’s still a lawsuit (writ of mandamus). It forces the government to issue a decision — not necessarily an approval, but a decision, so you’re not waiting forever. Usually a response comes within 60 days or less.

Are you ready for a mandamus

There are two groups of people. The first group should not sue:

— your case is still within normal processing times;

— you recently responded to a request for evidence (give them 60–120 days to respond);

— your visa is in visa retrogression status, numbers aren’t current (mandamus won’t help here, the visa needs to become available first);

— USCIS gave you a real update on the situation.

The second group may sue:

— you’ve already passed the established processing time;

— you’ve made inquiries and gotten only standard responses;

— your job and livelihood are at stake;

— there’s been no movement on your case beyond a reasonable and lawful period;

— your file is clean, with no errors on your part.

Delay alone isn’t always grounds for a lawsuit. But delay plus harm to you plus a clean file can be a solid basis for a mandamus.

Очередь людей в коридоре иммиграционного офиса перед стойками

What you need to know before going to court

Mandamus isn’t about approval. It’s about unreasonable delay. A court can force USCIS to issue a decision, even if it’s a denial, but at least you’ll know where you stand and can move forward.

The harm factor matters: if it’s just a delay, the court might say the law allows USCIS to take a long time processing cases. But if the delay has already cost you your job, deprived you of a normal life, or caused other real damages, that strengthens your position.