Philadelphia, PA immigration attorney Christopher M. Casazza explains what a writ of mandamus lawsuit is and how is it used in immigration cases. He states that a writ of mandamus is an extraordinary legal tool his firm frequently uses and one in which he has extensive experience. It is essentially a lawsuit filed against the federal government—typically against USCIS, U.S. Immigration, or the Department of Justice if the issue involves an embassy. The lawsuit argues that the delay caused by the agency in processing a case is unreasonable and asks the court to step in and compel the government to issue a decision.

In practice, this means filing a lawsuit that forces U.S. immigration authorities to act on a case in a timely manner. He notes that immigration backlogs and delays are overwhelming, with cases often stalled for months, a year, or even multiple years. Because phone calls and emails to immigration agencies rarely yield meaningful results, his firm turns to the federal courts. Once filed, these lawsuits are remarkably effective, often resulting in a decision within 60 days—even for cases that have been stagnant for years.

He also addresses a common concern among clients: the fear of retaliation for suing the U.S. government. He reassures them that the law explicitly prohibits retaliation for filing such lawsuits. In his more than a decade of filing writs of mandamus, he emphasizes that he has never once seen the government retaliate against a client.