Your Green Card Has Been Pending Too Long.
Adjustment of status (I-485) and family petitions (I-130) that sit for years without a decision can be forced to conclusion in federal court. Attorney Ahmad Yakzan files green card delay lawsuits nationwide.
Years in “Active Review”
Your I-485 adjustment or I-130 petition was filed long ago, you completed biometrics and maybe an interview, and the status has not changed in a year or more. Meanwhile you cannot fully move on with your life, work authorization renewals pile up, and family plans stall.
USCIS has a legal duty to adjudicate your application within a reasonable time. When it does not, a federal court can make it act.
The Legal Basis
Unlike naturalization, there is no fixed statutory deadline for I-485 or I-130 adjudication — but that does not mean USCIS can wait forever. Under the Mandamus Act (28 U.S.C. § 1361) and the APA (5 U.S.C. § 555(b) and 706(1)), a federal court can compel USCIS to decide an application it has unreasonably delayed.
Courts weigh how long you have waited against the agency's posted processing times, whether there is a legitimate reason for the delay, and the harm the delay causes you. Delays well past normal processing times are strong evidence that the wait is unreasonable.
How the Process Works
Delay Analysis
We review your receipts, processing times, and history to confirm the delay is unreasonable and that a federal court has jurisdiction.
File the Complaint
We file a complaint in the proper U.S. District Court naming the responsible officials and demanding a decision on your case.
Government Is Served
The government has roughly 60 days to respond. Very often the agency simply adjudicates the case rather than defend the delay.
Resolution
Your application is decided — frequently within weeks to a few months of filing. You finally get the decision you were owed.
Frequently Asked Questions
There is no magic number, but a good rule of thumb is that once your case is well beyond the processing time USCIS posts for your field office or service center, the delay may be legally unreasonable. Many green card mandamus cases are filed after 1.5 to 2+ years of delay.
"Processing normally" often just means your case is in a queue, not that the delay is lawful. If your petition has been pending well past posted times with no request for evidence and no movement, a mandamus action may be appropriate.
No. It does not restart your case or move you to the back of any line, and it is not held against you. USCIS must assign a government attorney to respond and justify the delay, which very often prompts a prompt decision.
Post-interview and interview-waived I-485s that stall are common mandamus candidates. Once the agency has everything it needs and simply is not deciding, a court is well positioned to order a decision.