Filing a mandamus lawsuit is one of the most effective ways to push the government to act on a delayed immigration case. But many applicants don’t fully understand what happens after the lawsuit is filed — especially when the 60-day response period actually begins and what the government typically does during that time.

This guide breaks down the process step by step so you know exactly what to expect.

 

Step 1: Filing the Lawsuit Is Only the Beginning

Once your attorney determines that your case has been unreasonably delayed, they will prepare and file a formal complaint in federal court.

This complaint outlines: 

• • The history of your case

• • The length and impact of the delay

• • The legal basis for relief under federal law

At the same time, the court issues a summons, which is a formal notice requiring the government to respond.

However, filing alone does not start the 60-day clock — and this is where many people get confused.

 

Step 2: Service of Process — The Moment That Triggers the 60 Days

The most critical step in a mandamus case is properly serving the government.

After the summons is issued:

• • The complaint and summons must be served on the appropriate government entities

• • This is typically done through certified mail under the Federal Rules of Civil Procedure

• • Multiple parties may need to be served, such as the U.S. Attorney’s Office and relevant federal agencies

The 60-day response clock begins only after proper service is completed — not when the case is filed.

This distinction is crucial for timing, expectations, and strategy.

 

Step 3: The 60-Day Response Window

Once the government has been properly served, a 60-day countdown begins. During this period, the government must decide how to respond.

In general, there are three possible outcomes:

 

1. Adjudication (Most Common)

The agency processes your application and issues a decision.

This is the outcome in the vast majority of strong mandamus cases. From the government’s perspective, it is often faster and more efficient to resolve the case than to defend a federal lawsuit.

2. Settlement

In some cases, the government may resolve the issue informally before filing a formal response.

3. Litigation (Less Common)

The government may choose to fight the case by:

• • Filing a motion to dismiss

• • Answering the complaint and proceeding with litigation

This happens in a small percentage of cases, often for strategic or policy reasons.

 

Step 4: Behind the Scenes — Why Mandamus Works

After a mandamus lawsuit is filed and served, the case is assigned to an attorney from the U.S. Attorney’s Office.

That attorney will:

• • Contact the agency handling your case (e.g., USCIS or a consulate)

• • Request a status update

• • Often push the agency to resolve the case within the 60-day window

Why? Because it usually takes far less time for the agency to adjudicate the application than for the government to litigate in federal court.

At the same time, your attorney may:

• • Proactively contact the assigned government attorney

• • Provide courtesy copies of the complaint

• • Keep pressure on the case to ensure it remains a priority

This combination of legal pressure and communication is what makes mandamus so effective.

 

Step 5: Typical Timelines and Outcomes

Most well-prepared mandamus cases follow a predictable pattern:

• • The case is served

• • The 60-day clock begins

• • The government contacts the agency

• • The agency adjudicates the case

Many cases are resolved well before the 60-day deadline, although some may take close to the full period.

Only a small percentage of cases proceed into full litigation.

 

Common Misunderstanding: “I Filed — Why Isn’t Anything Happening?”

One of the biggest misconceptions is assuming that filing the lawsuit immediately forces action.

In reality:

• • The government is not officially obligated to respond until after service is completed

• • The 60-day period does not begin until that point

• • Delays between filing and service can affect the overall timeline

Understanding this helps set realistic expectations and avoid unnecessary concern early in the process.

 

Strategic Tips to Maximize Success

A successful mandamus case is not just about filing — it’s about execution.

Key strategic considerations include:

• • Ensuring proper and timely service

• • Filing early enough to allow the 60-day window to work in your favor

• • Proactively communicating with government counsel

• • Presenting a strong, well-documented complaint

These steps significantly increase the likelihood of a fast resolution.

 

Final Takeaway

A mandamus lawsuit does more than challenge delay — it creates a structured timeline that forces government action.

• • The 60-day clock starts when the government is served, not when the case is filed

• • Most strong cases are resolved within that window

• • The pressure of federal litigation often leads to adjudication without a court battle

If your immigration case has been delayed for months or years, you may not have to keep waiting.

Immigrant Lawyer can help you evaluate your situation and take the right legal steps.
Call +1 (972) 333 2121 to discuss your case.