The I-485 Adjustment of Status application is a key step for immigrants seeking to become lawful permanent residents (green card holders) while remaining in the United States. This process allows eligible individuals to adjust their status without leaving the country.

However, long delays in I-485 processing — especially in marriage-based and family-based cases — leave many applicants stuck in legal limbo. When these delays become unreasonable, filing a Mandamus lawsuit can be an effective legal remedy to compel U.S. Citizenship and Immigration Services (USCIS) to act. This guide explains how Mandamus can expedite I-485 delays and how it applies in marriage-based, family-based, and employment-based cases.

What Is an I-485 Adjustment of Status Application?

Form I-485 (Application to Register Permanent Residence or Adjust Status) is filed by immigrants already lawfully present in the U.S. who wish to become permanent residents. It’s most commonly used by foreign nationals adjusting status through:

• Marriage-Based I-485: Filed by a foreign spouse of a U.S. citizen or lawful permanent resident.
• Family-Based I-485: Filed by individuals sponsored by a qualifying U.S. citizen or green card-holding relative (parent, child, sibling, etc.).

Common Reasons for I-485 Delays 

Delays in I-485 adjudication are common and can disrupt family life and long-term plans. The most frequent causes include: 

• Administrative Processing: Additional review due to eligibility questions, national security concerns, or fraud checks.
• Background and Security Checks: Extended timelines if the applicant has lived in multiple countries or requires inter-agency vetting.
• Requests for Evidence (RFE): Missing documents or incomplete information can pause processing until USCIS receives a response.
• Backlogs: High application volumes often lead to significant delays across service centers.

How a Mandamus Lawsuit Can Expedite I-485 Delays

A Mandamus lawsuit is a federal court action that forces a government agency to fulfill its legal duty — in this case, to process your I-485 application. While it does not guarantee approval, it compels USCIS to make a decision and end the delay.

Step-by-Step Process

1. Filing the Lawsuit: Your lawyer files a Mandamus petition in federal court naming USCIS as the defendant.
2. Government Response: The government typically has 60 days to respond. To avoid litigation, USCIS often acts on the case during this period.
3. Judicial Oversight (If Necessary): If the government contests the lawsuit, a federal judge will determine whether the delay is unreasonable.

The decision to file a Mandamus depends on factors such as the length of the delay, background check status, and administrative actions. Consulting an experienced immigration lawyer helps assess the best timing for legal action.

Mandamus for Marriage-Based I-485 Applications

Delays in marriage-based I-485 cases are particularly disruptive, often affecting a spouse’s ability to work, travel, or build a stable family life. Common causes include:

• Fraud Prevention Reviews: Extra scrutiny to confirm the authenticity of the marriage.
• Additional Documentation Requests: USCIS may require further proof of the bona fide nature of the relationship.

A Mandamus lawsuit can push USCIS to schedule interviews, request evidence promptly, or make a final decision, reducing unnecessary waiting times.

Mandamus for Family-Based I-485 Applications

Family-based applications — such as those filed by parents, children, or siblings of U.S. citizens — often experience extended delays due to:

• Security and Background Checks: Particularly for applicants from countries subject to enhanced screening.
• Visa Number Availability: Categories subject to annual numerical caps can experience long waiting periods.

When delays exceed reasonable limits, a Mandamus lawsuit can force USCIS to take action and move the case forward.

Mandamus and Employment-Based I-485 Applications

Employment-based I-485 applicants face unique challenges tied to priority dates and the visa bulletin. Extensive background checks, backlog-related delays, and additional agency review can further extend processing times.

A Mandamus lawsuit can compel USCIS to act when these delays become excessive, ensuring your employment-based green card application moves toward resolution.

Risks and Benefits of Filing a Mandamus Lawsuit

Benefits

• Faster Resolution: Mandamus compels USCIS to act, often leading to action within 60 days.
• No Impact on Case Merits: The lawsuit does not affect whether your green card is approved — it only forces a decision.
• Government Accountability: Mandamus prevents agencies from allowing your case to sit indefinitely.

Risks

• Government Response: The government may argue the delay is reasonable, potentially prolonging the process.
• Legal Costs: Filing a Mandamus involves legal fees, though many law firms offer flat-fee arrangements.

Conclusion

Delays in I-485 Adjustment of Status processing — especially in marriage-based and family-based cases — can place immense strain on families and careers. A Mandamus lawsuit is a powerful legal remedy that compels USCIS to act, ending prolonged delays and moving your case toward resolution.

If your I-485 application has been delayed beyond a reasonable timeframe, contact Immigrant Lawyer at +1 (972) 333 2121 for a free case evaluation. Our experienced immigration lawyers can help you navigate the Mandamus process and push your case forward.