Mandamus / APA Delay Lawsuit Lawyer (Chicago) | USCIS Delays

Law Office of Justin G. Randolph | Chicago Immigration Lawyer > Federal Immigration Litigation | USCIS Mandamus, Habeas, & Naturalization Cases > Mandamus / APA Delay Lawsuit Lawyer (Chicago) | USCIS Delays
Mandamus / APA Delay Lawsuits
When USCIS (or another immigration agency) sits on a case for too long, a federal lawsuit can sometimes force action.
These cases are often filed under the Mandamus Act and/or the Administrative Procedure Act (APA).
The goal is usually movement—not a guaranteed approval. A court may be able to order the government to make a decision,
but the government may still deny if the underlying eligibility or discretionary factors are weak.
If you want the big-picture overview of federal immigration litigation (mandamus, habeas, and naturalization litigation),
start here: Federal Immigration Litigation.
When a Mandamus / APA Case May Make Sense
Long, unexplained inactivity
Your case has gone quiet for an extended period and normal follow-ups are not producing movement.
Clear “ask”
You can clearly identify what action you want the agency to take (for example, adjudicate a pending application).
Risk assessment supports filing
You understand that litigation can trigger faster review and you are comfortable with the possibility of a decision (including a denial).
Common reasons I recommend waiting (or not filing)
Some cases are better handled through additional evidence development, a cleaner administrative record, or strategic timing.
In other situations, the delay is tied to issues that litigation may not fix (or can make worse).
What I Review Before Recommending a Filing
Delay cases are won and lost on posture and record clarity. Helpful items often include:
  • Receipt notices and filing history (what was filed, when, and where)
  • Interview notices, RFEs/NOIDs, and any responses
  • USCIS online case status history (screenshots help)
  • Service requests, Ombudsman requests, congressional inquiries (if any)
  • A clean timeline (key dates, periods of inactivity, and any agency explanations)
For transparency about my federal-court experience, see:
Litigation Experience.
How I Can Help
I have extensive experience litigating cases against the federal government. Federal immigration litigation requires careful evaluation of jurisdiction, procedural posture, and risk.
My role is to help you understand whether litigation is available, what it can realistically accomplish, and whether it makes sense in your specific situation.
Case Evaluation and Strategy
Review of your immigration history, procedural posture, timelines, and prior agency action to determine whether federal court jurisdiction may exist and what strategic options are available.
Litigation Planning and Risk Assessment
Explanation of potential outcomes, procedural risks, and government defenses, including what a court can and cannot order in a particular type of case.
Federal Court Representation
Where appropriate, preparation and filing of federal complaints, briefing of motions, and representation through resolution in U.S. District Court.
Not every delay should be litigated. My goal is to give you a clear, informed assessment so you can decide whether filing now is the right move.

DisclaimerThis content is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page. Immigration outcomes depend on individual facts and current law.

Free Consultation

Send Message Below

    Immigration Law

    Quick Links
    Free Consultation
    ⚙
    Free Immigration Tools
    check your eligibility
    These tools provide general information only and are not legal advice.

    Immigration News & Info

    Older posts
    Last Updated on February 3, 2026 by JR
    Contents show