Federal court · Mandamus · Unreasonable delay
When the government will not decide your case, a federal judge can be asked to make it.
We file mandamus and unreasonable-delay lawsuits for people whose citizenship, family petition, or removal-of-conditions case has stopped moving, after we review the file for anything that could go wrong.
A delay lawsuit asks for a decision, not an approval. And in Pennsylvania's federal courts it generally cannot be used for a pending green card application, so the first question is which kind of case you have.
What it is · What it asks · When it fits
The law tells agencies to finish what is put in front of them.
Federal law directs each agency to conclude a matter within a reasonable time, and lets a court compel action that has been unreasonably delayed. A separate statute lets a court order an officer to perform a duty owed to you. A delay lawsuit uses both.
A complaint in federal district court
The complaint names the agency and its officials, lays out the dates, and explains why the wait is unreasonable and what it is costing you.
How a case movesAn order to decide
The judge is asked to order the agency to act by a date. The judge is not asked to approve the application, with one exception for citizenship cases explained below.
What it can and cannot doThe right kind of case, long and unexplained
Citizenship cases have a clock in the statute. For most other cases there is no fixed number of months, and for green card applications the courts in this circuit will generally not step in at all.
Which cases fitWhich cases fit
The kind of application decides whether a court will listen.
Two kinds of cases have a deadline written into the statute. One kind is largely closed to lawsuits in this circuit. We sort that out before anything else.
Citizenship, after the interview
If USCIS has not decided within 120 days after your naturalization examination, INA § 336(b) lets you ask the federal district court where you live to hear the matter. The court may decide the application itself or send it back to USCIS with instructions.
Removing conditions, after the interview
For a joint petition to remove conditions on a marriage-based green card, the statute directs a determination within 90 days of the interview. If the interview was waived or has not happened, that clock has not started.
Family petitions
The statute says the agency shall approve a family petition when the facts are true and the relationship qualifies. There is no deadline in the statute, so a court looks at how long the petition has been pending, the reason given, and the harm to your family.
Green card applications: generally not here
In January 2025 the Third Circuit held that federal courts have no jurisdiction over a challenge to USCIS holding green card applications, because Congress left the process of deciding them to the agency's discretion. That ruling binds the federal courts in Pennsylvania, New Jersey, and Delaware.
A visa category that is backed up under the annual limits is a queue, and a lawsuit does not move your place in it. Work permits, consular cases, and immigration court cases each raise their own questions; we look at those one by one.
What a judge can order
The lawsuit ends the silence. It does not choose the answer.
Knowing both columns is how you decide whether to file.
Reasons people file
- Put a government lawyer on the file, who must answer the court
- Ask the judge to set a date for a decision
- In citizenship cases, let the court decide the application or send it back with instructions
- Create a record of the delay if the wait continues
Limits that matter before filing
- It does not order an approval of a petition or application
- In this circuit, it generally cannot reach a pending green card application
- It does not fix a weak application or a missing document
- It does not stop the agency from asking for more evidence or an interview
- It does not move a priority date or create a visa number
- It is public: federal court filings can generally be seen by anyone
Before you sue
A lawsuit forces a decision. Make sure you want the one that is coming.
Some cases are slow because of a backlog. Others are slow because an officer has a question about the file. Suing in the second kind of case without preparing can turn a wait into a denial.
Have the whole file reviewed before filing. Arrests, past immigration history, earlier applications, and anything said at an interview should be checked against what USCIS already has.
- Check the posted times. Compare your receipt date with the USCIS processing-times page for your form and office.
- Use the free steps first. File a case inquiry with USCIS, and ask your member of Congress to make an inquiry. Keep the answers.
- Answer everything outstanding. A pending request for evidence or a missed appointment is a reason for delay that belongs to you.
- Document the harm. Job offers, expiring licenses, family separation, and medical needs should be shown with papers, not only described.
- Keep your address current. A decision or notice sent to an old address can end the case without you knowing.
How a delay case moves
Many delay cases end when the agency acts, before a judge rules.
That is common, but it is not a promise, and every court sets its own schedule.
- 01
File review
We read your application, notices, and history, request records if needed, and tell you whether the wait is long enough and the file clean enough to sue.
- 02
Last inquiries
Where it helps, we make a final written inquiry so the record shows the agency was asked and did not act.
- 03
Complaint filed
The complaint is filed in federal district court and served on the agency and the U.S. Attorney's office.
- 04
The government responds
A government lawyer contacts the agency. The agency may act, ask for evidence, schedule an interview, or defend the delay in court.
- 05
Decision or ruling
If the agency decides, the lawsuit usually ends. If it does not, the judge rules on whether the delay is unreasonable.
Private two-minute guide
Is a delay lawsuit worth looking at?
Answer three general questions. The guide suggests where a first review should start; it does not decide anything or send your answers to the firm.
Sources
Check your wait against the official numbers.
These are the government's own tools, plus our guides on stuck cases.
Delay lawsuit questions
Short answers before you decide
Your form, your office, and your history may change these answers.
What is a mandamus lawsuit?
It is a case in federal district court asking a judge to order a government officer to perform a duty owed to you, here the duty to decide your application. It is usually filed together with a claim under the Administrative Procedure Act that the agency's action has been unreasonably delayed.
Will suing get my case approved?
No. The lawsuit asks for a decision. The decision can be an approval, a request for evidence, an interview notice, or a denial. In a citizenship case filed after the 120 days, the court may also decide the application itself. That is why we review the file before filing.
How long do I have to wait before I can sue?
For citizenship, the statute gives a number: 120 days after the examination. For a joint petition to remove conditions, it directs a determination within 90 days of the interview. For most other cases there is no fixed number. Courts look at the length of the wait, the agency's reason, and the harm to you, and they do not all draw the line in the same place.
Can I sue over a delayed green card application?
In Pennsylvania, generally no. In January 2025 the Third Circuit held that federal courts lack jurisdiction to review USCIS's hold on green card applications, because the law leaves the process of deciding them to the agency's discretion. Courts in some other parts of the country have seen it differently, but that ruling controls here. A related family petition or citizenship case may still be open to a lawsuit, so bring every receipt.
Will USCIS punish me for suing?
What a lawsuit does is bring attention to the file, so any problem in it is more likely to be noticed. A clean, well-documented case has little to fear from that; a case with open questions should be fixed first. That is the reason for the review before filing.
My priority date is not current. Can a lawsuit speed that up?
No. Annual visa limits are set by Congress, and waiting for a visa number is not agency delay. The Visa Bulletin shows where your category stands.
Can I sue over a case in immigration court?
Delay lawsuits are mainly a tool for applications at USCIS. Immigration court cases follow the judge's calendar, and the tools there are motions to the judge. See our immigration court guide.
Do I have to go to court in person?
Usually not. Most delay cases are handled in writing between the lawyers, and many end when the agency acts. If a hearing is set, we tell you in advance whether you need to attend.
What does it cost?
The federal court charges its own filing fee. Our fee is flat, quoted in writing after the file review, and payment plans are available. If the review shows a lawsuit is not the right step, we tell you before you pay for one.
Delay lawsuits at a glance
- Who we represent
- Applicants and petitioners in Allentown, the Lehigh Valley, and eastern and central Pennsylvania whose cases have stalled.
- Languages
- English and Spanish.
- Federal admissions
- J. Alexander Short, Esq.: U.S. District Courts for the Eastern and Middle Districts of Pennsylvania; U.S. Court of Appeals for the Third Circuit.
- Main law
- 28 U.S.C. § 1361; 5 U.S.C. §§ 555(b) and 706(1); INA § 336(b) for citizenship; INA § 216(c)(3) for removal of conditions.
- What to bring
- Receipt and interview notices, a copy of what you filed, every letter from USCIS, and proof of how the delay is hurting you.
- Our fees
- Flat fee quoted in writing after review; payment plans available.
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources, including 28 U.S.C. § 1361, 5 U.S.C. §§ 555(b) and 706(1), INA §§ 204(b), 216(c)(3), 242(a)(2)(B), and 336(b), and a 2025 decision of the Third Circuit, on November 11, 2026. This page provides general information, not legal advice; it does not predict a decision or create an attorney-client relationship. Whether a court can hear a delay claim depends on the kind of case and the court.
Reviewed and updated
Dates · Notices · Harm
Bring your receipt notice. We will tell you whether a lawsuit fits.
A first review can start with what you filed, when, and what USCIS has sent since. Tell us what the wait is costing you.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted