Mandamus lawsuits are a powerful legal tool for immigrants facing long delays in their immigration cases. These lawsuits are filed in federal court to compel the U.S. government — typically USCIS or a consulate — to make a decision when an application or petition has been pending for an unreasonably long time. Despite their growing popularity and effectiveness, several myths persist about mandamus actions. Below are five of the most common misconceptions — and the truth behind them.

1. “The Government Will Retaliate If I Sue” – False

One of the most widespread fears is that filing a mandamus lawsuit will anger the government and lead to retaliation, such as denying your application. This is unfounded. Mandamus cases are routine legal matters, not personal attacks, and the government does not retaliate against individuals for exercising their legal rights. In fact, many former government attorneys report that agencies often treat mandamus plaintiffs with greater care to avoid legal missteps that could lead to further litigation.

2. “Mandamus Lawsuits Are Too Expensive” – False

While mandamus actions are indeed federal lawsuits, they are significantly more cost-effective than most other types of federal litigation. Traditional federal cases involve lengthy discovery processes, complex motions, and trials — all of which drive up costs. Mandamus suits, on the other hand, are streamlined and typically resolved quickly, often within 60 to 90 days. Because they rely on the existing administrative record and rarely involve discovery, they are much faster and less expensive than many expect.

3. “The Government Always Wins” – False

Some immigrants believe that because judges are part of the government, they will always side with government agencies. This is incorrect. The vast majority of mandamus lawsuits filed by experienced immigration lawyers succeed, with many resulting in a decision within a few months. While not every case is successful, the success rate is high enough that mandamus has become a trusted tool to overcome delays.

4. “Mandamus Lawsuits Always Succeed” – Also False

On the flip side, there’s a misconception that mandamus actions are guaranteed to work. While they are highly effective, there are cases where the government chooses to fight and sometimes prevails. Even in those situations, the worst-case scenario is usually that your case remains where it was before — it does not harm your immigration application or increase your risk of denial. It simply means that the lawsuit did not accelerate the process.

5. “My Immigration Lawyer Is Automatically the Best Person to Handle My Mandamus Case” – False

The legal skills required to prepare immigration petitions are not the same as those needed for federal litigation. Many immigration lawyers focus on applications and agency work, not courtroom litigation. Mandamus lawsuits require litigation experience — drafting federal complaints, navigating procedural rules, and arguing before judges. For the best chance of success, it’s often wiser to work with a law firm that specializes in federal mandamus litigation rather than a generalist immigration lawyer.

Conclusion

Mandamus lawsuits are a highly effective way to end immigration delays and compel the government to act. They are not retaliatory, not prohibitively expensive, and not guaranteed — but they do offer strong chances of success when handled by skilled federal litigators. Whether you’re facing delays with a green card, naturalization, asylum interview, or other immigration application, a properly filed mandamus action can be a game-changing solution.

For more information or to discuss whether a mandamus lawsuit could help in your situation, contact Immigrant Lawyer at +1 (972) 333 2121.