When USCIS fails to make a decision regarding an application for naturalization or a green card, then it may be necessary to file a law suit in federal court. This type of lawsuit is called a “writ of mandamus.” A writ of mandamus is a civil action and is issued by a superior court to compel a government officer to perform mandatory duties correctly. The Mandamus Act, codified at 28 U.S.C.: 1361 says in its entirety:
1361. Action to compel an officer of the United States to perform his duty.
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
It is important to note that the writ does not force USCIS to make a favorable decision regarding the application. The writ only compels them to make a decision.
You may not want to file a writ of you have any reason to believe USCIS would deny your application.
Most delays of applications are due to FBI “name checks” or “security checks.” These FBI name checks can have an applications stuck in the system for years and years. These delays are usually based simply upon the applicants name and the country they come from. Once a person is stuck in FBI name check delay, a Mandamus suit may be the quickest solution for USCIS action on long-delayed applications for immigration benefits.