Are Mandamus Lawsuits Being Dismissed in 2025

If you’re stuck in immigration limbo and thinking about filing a mandamus lawsuit to push USCIS to act, you might be asking yourself:

Are these lawsuits still working in 2025?
Will filing one hurt my case?
What happens if it gets dismissed?

These are incredibly common — and understandable — concerns. Many immigrants feel nervous about taking legal action, especially with delays that seem endless and a government that sometimes feels unapproachable.

But here’s what you need to know: mandamus lawsuits are still working, and filing one will not hurt your case — as long as you understand how the system is changing.

Here’s what’s happening on the ground, based on real insight from the team at Pro Se Pro and their legal advisor, Brad Banias, who’ve helped thousands file mandamus lawsuits without lawyers.

What Is a Mandamus Lawsuit?

A mandamus lawsuit is a legal action you can file in federal court when a government agency — like USCIS — has taken an unreasonably long time to process your immigration case. This includes delays in:

U visa bona fide determinations (BFD)
Work permits (EADs)
Waitlist decisions
Other long-stalled immigration applications

The lawsuit asks a judge to order the agency to take action — not to approve or deny your case, but to simply make a decision.

Are Mandamus Lawsuits Being Dismissed in 2025?

Yes — but only in specific situations, and only in one district.

In early 2025, Pro Se Pro noticed a trend of dismissals in cases filed in the District of Nebraska. Here’s what happened:

USCIS transferred thousands of U visa cases to the Nebraska Service Center.
Lawsuits were routed to five federal judges in Nebraska.
Two of those five judges — including one Trump appointee — began dismissing cases quickly, often siding with new Department of Justice attorneys.

“These dismissals didn’t mean the visa was denied — just that those judges didn’t want to hear the case.” — David, Pro Se Pro

“It’s not retaliation. It’s just a tougher environment in that specific court.” — Brad Banias, legal advisor to Pro Se Pro

New Strategy: File Where You Live

Pro Se Pro quickly adjusted its strategy. Instead of filing in Nebraska, they now file lawsuits in the district where the applicant lives.

This approach has proven more successful for several reasons:

Local judges are often more sympathetic to unreasonable delays.
You avoid the judges in Nebraska who are dismissing cases.
You deal with local government attorneys who may be less aggressive.

“We now file where the person lives — and we’re seeing stronger results.” — Brad Banias

So yes, some lawsuits were dismissed — but the strategy has shifted to avoid this problem, and results have improved.

What Does It Mean If My Mandamus Lawsuit Gets Dismissed?

If your mandamus lawsuit is dismissed, don’t panic — and definitely don’t assume your immigration case is at risk. A dismissal just means that the judge decided not to hear your lawsuit. It does NOT mean:

Your U visa, EAD, or other immigration application was rejected.
You are no longer eligible for immigration benefits.
You can’t try again.

“Dismissal just means the judge didn’t take the case — not that you lose your visa eligibility. You can absolutely try again.” — David, Pro Se Pro

Will Filing a Mandamus Lawsuit Hurt My Immigration Case?

NO — filing a mandamus lawsuit does not negatively impact your immigration case.

This is one of the most common fears — and one of the biggest myths.

Many immigrants — especially from Latin America — worry that suing the government will lead to retaliation. But there is no evidence of that happening.

“We still do not see retaliation. That does not happen. And it’s illegal.” — Brad Banias

Important Points:

Filing a lawsuit does not appear in most immigration case files.
USCIS officers are instructed to make decisions based on the law — not whether someone sued.
You keep your immigration attorney. Filing pro se in federal court does not interfere with your current legal representation.

In fact, filing a lawsuit often gets results faster — like work permits, BFDs, or waitlist decisions — without negative side effects.

Who Should Consider Filing a Mandamus Lawsuit?

You might benefit from a mandamus lawsuit if:

You’ve waited 90+ days for a U visa BFD and still have no update.
Your EAD (Form I-765) has been pending for over 6–9 months.
You or a derivative family member are overseas, waiting on a waitlist decision.
A derivative family member has not received a BFD or EAD, even though the primary applicant has.