FACTS:

Our client, an Iranian national and the father of a U.S. citizen, had been waiting for years for the U.S. Consulate to schedule his immigrant visa interview. While his wife’s case had already been approved and completed, his case remained stuck at the National Visa Center (NVC) and consular stage with no clear timeline for interview scheduling.

Despite repeated inquiries and patience over an extended period, no progress was made. The prolonged delay created significant emotional and practical hardship for the family, who remained separated with no indication of when the process would move forward.

Frustrated by years of inaction, the client sought our assistance to evaluate potential legal options to compel movement on the case.

THE LAW:

When an immigrant visa case is delayed at the National Visa Center or U.S. Consulate for an unreasonable period of time, applicants may seek relief in federal court through a Writ of Mandamus. This type of action asks a U.S. District Court to compel the government to take action on a case that has been unreasonably delayed.

While the government is not required to approve a visa application, it does have a duty to adjudicate cases within a reasonable timeframe. Federal courts—particularly in jurisdictions such as the Eastern District of Virginia (EDVA)—can exercise jurisdiction to review such delays and, where appropriate, push the government to act. But, much depends on the FACTS of the case and the LENGTH of the delay as well as the CAUSE of the delay.

Importantly, a Mandamus action does not guarantee approval of the visa. Instead, it compels the government to move the case forward—whether by scheduling an interview, issuing a decision, or otherwise advancing adjudication.

THE RESULT:

After a careful review of the procedural history and delay, we determined that the case was appropriate for federal litigation. Our office prepared and filed a Writ of Mandamus in the Eastern District of Virginia.

Shortly after filing, the government took action. The long-delayed case was finally scheduled for a visa interview at the U.S. Consulate—breaking years of stagnation and allowing the case to move forward.

While Mandamus does not control the ultimate outcome of a visa application, it can be an effective tool to force long-overdue action and bring clarity to cases that have remained in limbo for far too long.

The current administration (Trump 2.0) is increasingly hostile to Mandamus actions, but fighting MAY be an option and if your case is significantly delayed, it may be appropriate to seek a Mandamus. But, the criteria are far more strict than in prior years.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.