FACTS:

Our client, a skilled professional from India, had spent years waiting in the Employment-Based Second Preference (EB-2) visa backlog with a long-pending Form I-485, Application to Adjust Status. Like tens of thousands of Indian nationals caught in the employment-based immigration backlog, our client and his entire family had been left in profound limbo — their futures on hold while visa retrogression kept their priority date unavailable year after year.

Then, in April 2026, the USCIS Visa Bulletin brought extraordinary news: the EB-2 India category had become current. The moment this family had long awaited had finally arrived. But with it came a new and urgent challenge: would USCIS be able to adjudicate their long-pending I-485 quickly enough to take advantage of this window — before it potentially retrogressed again?

The client came to our office seeking guidance. Together, we assessed the situation carefully and concluded that passively waiting for USCIS to act on its own was not a viable strategy. We advised the client that federal court action — specifically, a Writ of Mandamus — offered the strongest path forward to compel timely adjudication of his case.

THE LAW:

Generally, USCIS has no legal obligation to adjudicate cases within any particular timeframe. This holds true even for adjustment of status applications — and even when a visa number becomes available. Long backlogs and agency inaction, while deeply frustrating, are not automatically subject to legal remedy.

However, it is possible to petition the US District Court with jurisdiction over the case to order USCIS to complete adjudication through a form of relief known as a Writ of Mandamus. If granted, such an order can compel the government to act. This is a meaningful and powerful tool — but not without its limits.

Mandamus is NOT always available as a solution. The government could oppose such a motion by arguing that the delay has not been unreasonable under the circumstances. The viability of a Mandamus claim typically depends on factors such as:

• The length and nature of the delay
• Whether a visa number is currently available
• Hardship to the applicant and their family
• The applicant’s diligence in pursuing their case

In this case, the facts aligned powerfully in our client’s favor: years of waiting, a visa number newly available, a family in limbo, and an urgent, time-sensitive window. The case for Mandamus was compelling.

THE RESULT:

Acting swiftly, our office prepared and filed the Mandamus action within five business days — our standard turnaround for federal court filings. While the US Attorney’s Office is afforded up to 60 days to respond to Mandamus petitions, we did not wait passively for that clock to run.

Through careful, strategic collaboration with both USCIS and the US Attorney’s Office, we worked proactively to transfer the case to the appropriate local USCIS field office and advocated for expedited review. Rather than pursuing purely adversarial litigation, our approach centered on focused cooperation — presenting the urgency of the situation, the current availability of the visa number, and the years of hardship the family had already endured.

The outcome exceeded even our hopes. Through this collaborative advocacy, the case was approved in approximately 30 days from filing. Our client, overcome with gratitude, told us simply:

“You changed my life in 30 days.”

Our client and his family are now US Lawful Permanent Residents — free to move forward and build their lives in the United States after years of uncertainty.

Such a result is not always possible or typical, but it illustrates the power of prompt, strategic action when the facts support it. For those caught in long USCIS delays — especially when a visa number becomes available — Mandamus can be an important and effective tool.

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