Federal Immigration Lawsuits

Force USCIS to Act on Your Case.

If you have been waiting years for USCIS or another federal agency to make a decision on your immigration case — and you have received nothing but silence — you may have the right to sue in federal court. Federal litigation is a significant step, but it is sometimes the most effective — and only — way to get a case resolved. Attorney Moore is admitted to the District of Massachusetts, the District of Colorado, and the Northern District of Illinois federal courts, giving her the standing to pursue these cases.

What Is a Writ of Mandamus?

A writ of mandamus is a federal court order that compels a government agency to perform a duty it is legally required to carry out. In immigration law, it is one of the most powerful tools available to applicants who are stuck in limbo.

When USCIS, the National Visa Center, U.S. Citizenship and Immigration Services, or another agency fails to adjudicate a pending application within a reasonable time, a mandamus lawsuit asks a federal judge to step in and order the agency to make a decision.

A mandamus action does not guarantee approval of your case — it compels the agency to act. In most situations, that is exactly what applicants need after waiting years without any movement.

What Is an APA Lawsuit?

The Administrative Procedure Act (APA) gives federal courts the authority to set aside agency action that is:

  • Unreasonably delayed — the agency has taken far longer than Congress intended or than other similarly situated applicants have waited

  • Arbitrary or capricious — the agency denied your case without a rational basis, ignored evidence, or failed to follow its own rules

  • Contrary to law — the denial was based on a misapplication of immigration law or policy

An APA claim can be filed alongside a mandamus petition, or independently, depending on your situation. Together, they give federal courts broad authority to review agency conduct and order a remedy.

Who Qualifies to File a Federal Immigration Lawsuit?

You may have grounds for a mandamus or APA lawsuit if:

  • Your green card, work visa, naturalization, or other immigration application has been pending for an unreasonably long time

  • You have contacted USCIS repeatedly and received no substantive response

  • Your case was denied without explanation or based on a reason that does not match the evidence

  • You have been waiting significantly longer than average processing times for your application type

  • Your application has been pending through no fault of your own

These lawsuits are available to applicants regardless of whether they are inside or outside the United States, and in some cases can be filed on behalf of applicants at U.S. embassies and consulates abroad.

Common Cases We Handle

Attorney Moore files federal mandamus and APA actions for a wide range of immigration matters, including:

  • Green card (I-485) delays — adjustment of status applications pending for years

  • I-130 petition delays — family-based petitions stuck at USCIS or the National Visa Center

  • Naturalization (N-400) delays — unreasonably long waits for citizenship interviews or decisions

  • Work visa delays — H-1B, O-1, EB-1, EB-2, and other employment-based cases

  • Asylum delays — affirmative asylum applications with no interview scheduled after years of waiting

  • Arbitrary denials — cases denied for insufficient reasons or in violation of agency policy

What Happens When You File a Federal Lawsuit?

Filing a federal lawsuit sends a clear message to the agency that you are serious. In most cases, the process works as follows:

  1. Case evaluation — Attorney Moore reviews your case history, application type, and wait time to determine whether you have a viable federal claim.

  2. Demand letter — In some cases, a formal demand letter to the agency or its counsel prompts action before a lawsuit is ever filed.

  3. Complaint filed in federal district court — If the agency does not respond, a complaint is filed in the appropriate U.S. District Court.

  4. Agency response — The Department of Justice, representing USCIS or the relevant agency, must respond. Agencies frequently adjudicate pending cases after being served.

  5. Resolution — The majority of mandamus cases resolve with the agency issuing a decision. If the decision is still unfavorable, further legal options may be available.

Most clients see movement on their case within weeks to a few months of filing.

Frequently Asked Questions

How long does a mandamus lawsuit take? Many cases resolve within 3 to 6 months of filing. Agencies often act quickly once they are served with a federal complaint, because defending prolonged inaction in court is costly.

How long does my case need to be pending to file? There is no fixed rule, but courts generally look at whether the delay is unreasonable given the type of application and current processing times. Cases pending 2 or more years beyond normal processing windows are often strong candidates. Attorney Moore will evaluate your specific situation.

Does filing a lawsuit hurt my immigration case? No. Filing a mandamus or APA lawsuit is a legal right. Agencies are prohibited from retaliating against applicants for pursuing federal court review.

Can I file if I am outside the United States? In some circumstances, yes. Cases involving consular processing delays or NVC delays may be pursued in federal court depending on the facts.

Is your immigration case stuck? You don't have to keep waiting.

Contact Cameron Moore Law today for a consultation. Attorney Jenny Moore will review your case history, explain your options, and tell you whether a federal lawsuit makes sense for your situation.