Unfortunately, it may be common for applicants to experience unreasonable delays in their immigration applications. Even after properly filing their application, providing the required documents and at times even after successfully attending their interview at a USCIS office or a foregin U.S. embassy, applicant’s may still not receive final decisions on their case within expected processing times.
This can be very frustrating for applicants since this can result in applicants unable to work, attend school, take part in certain privileges such as travel and most importantly are separated from their families in some circumstances. Both the applicants and their family members may feel overwhelmed and stuck with no other option but to wait, however in the event that a case can be proven to be unreasonably delayed and exceeding expected processing times as promised by USCIS, they may have the option to file a mandamus lawsuit against USCIS, the State Department or the individual U.S. Embassy under both the Mandamus Act and the Administrative Procedure Act (APA).
When Should I Consider Suing the U.S. Government?
What Types of Lawsuits are Possible?