Asylum
March 14, 2025

Asylum Pending? Here's What USCIS Won’t Tell You!

Have you been waiting years for a decision on your asylum case?

You're not alone! USCIS delays for processing asylum I-589 applications are very common. Thousands of immigrants and their families are impacted every year, creating uncertainty and stress about their future. These long wait times can make it impossible to work, plan for the future, or even feel safe. Luckily, there are legal options to help move your asylum case forward

Did you know? According to USCIS, asylum applications should be processed within 180 days. However, some asylum cases have been known to take over 10 years. 

Why Some Asylum Cases Take So Long

First of all, we need to understand the key reasons why most asylum cases are not being processed in time—and why some can take years to be processed.

New cases come first. USCIS often prioritizes newer asylum cases over older ones. If your application has been pending for more than a year, it may have been pushed to the bottom of the queue. This system leaves many applicants waiting indefinitely, with little transparency on when their case will be reviewed.

The work is never-ending. USCIS has an ever-growing backlog of over 1 million immigration cases. With its limited staff and resources, the asylum process is slowed down by bureaucracy, inefficiencies, and the overwhelming number of applications being filed each year. The system is clearly stretched beyond capacity, so most cases move forward at a painfully slow pace.

Political landscapes are shifting. Asylum seekers from countries having political issues with the US often face extended wait times from government agencies, as they assess changing conditions in global politics. This means some applications remain in limbo for years, as officials hesitate to grant asylum based on shifting political landscapes.

How long do asylum cases really take? The average wait time for an asylum case before USCIS has grown to more than six years. That means half of the applicants wait even longer than that! If you can't wait that long, a mandamus lawsuit could be the solution. 

The Solution for Long-Pending Asylum Cases

Believe it or not, USCIS has a lawful duty to process asylum applications within a reasonable time. The reasons above might explain why cases can be stuck in "Pending" for so long, but, as a government agency, USCIS is still obligated to review and make a decision on your case.

So, when delays become unreasonable, you have the right to take legal action. While it may seem like a big step, being proactive has helped thousands of applicants break free from years of uncertainty. If you’ve exhausted all other options and are still waiting with no end in sight, it may be time to explore the type of solution that has worked for many others in your situation because of its effectiveness, accessibility, and lower cost: mandamus lawsuits

What is a Mandamus Lawsuit?

A mandamus lawsuit is a legal action filed in federal court that forces a government agency (like USCIS) to perform a duty they are legally required to do. In the case of asylum, it means USCIS must schedule your interview or make a decision on your pending application. Filing this lawsuit does not approve or deny your asylum directly—it simply compels USCIS to stop delaying and move forward with your I-589 application. 

Why Are Mandamus Lawsuits Effective?

To put it simply, asylum mandamus lawsuits work because they force USCIS to take action. Their effectiveness and growing popularity among the immigrant community are a result of:

  1. Legal Obligation to Act – USCIS has a duty to process applications within a reasonable time. A mandamus lawsuit argues that the delay is unreasonable and demands action.
  2. Court Pressure – When a lawsuit is filed, the case goes to federal court, putting legal pressure on USCIS. Agencies often prefer to resolve cases rather than fight in court.
  3. Avoiding Litigation Costs – The government usually does not want to waste resources defending a lawsuit when they can simply process the case instead.
  4. No Impact on Case Outcome – A mandamus lawsuit does not demand approval of an asylum case—only that USCIS makes a decision. This means it does not harm the applicant’s chances.
  5. Proven Success – Many asylum seekers and immigration applicants have successfully used mandamus lawsuits to get USCIS to act after years of waiting.
How much faster? Once the mandamus lawsuit is filed, most cases start moving in less than six months.

How to File a Mandamus Lawsuit?

You may be eligible to file a mandamus lawsuit if: 

  • You applied for asylum with USCIS (not in immigration court).
  • Your asylum application has been pending for 5+ years (in 2025, your case should have been filed before December 31, 2019)
  • You are still waiting for an interview or final decision on your case.

The best part is that there's no need for expensive immigration lawyers. Mandamus lawsuits can be filed directly by you. But if navigating complex immigration processes and paperwork requirements is not your area of expertise, Pro Se Pro is here to help. Our dedicated team provides you with the tools and resources you need to create your mandamus, so you can file an attorney's proven legal documents and get fast results—without the lawyer price tag.

Check if you qualify and start now!

Frequently Asked Questions

Will the government retaliate if I sue?

No. The government is legally prohibited from retaliating against you for filing a lawsuit. In fact, USCIS often processes cases faster to avoid litigation.

Will my asylum be denied if I file a lawsuit?

No. The lawsuit does not affect the outcome of your asylum case—it only forces USCIS to stop delaying and make a decision.

Isn’t suing the government expensive?

Some lawyers charge thousands for this service, but Pro Se Pro offers an affordable self-filing option so you can take control of your case without breaking the bank.

Could waiting more harm my case?

Yes. With immigration policies constantly changing, waiting could put your case at risk. It is best to move forward before further delays or policy shifts make it harder.

Don’t wait another year!  Check if you qualify for a Mandamus Lawsuit and take action today. Get started

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