Why Now Might Be the Perfect Time to Sue for Immigration Delays

In a recent livestream hosted by Pro Se Pro, we offered fresh insights into how proactive legal strategies like Mandamus Lawsuits can accelerate immigration processes, potentially turning uncertainty into concrete progress and empowering immigrants.

We understand that considering a lawsuit might feel intimidating at first—after all, suing the government sounds like a very serious endeavor and can understandably raise concerns about potential retaliation from USCIS (though, as we'll clarify later, that simply doesn't happen). 

What's important is realizing that a Mandamus lawsuit isn't about conflict; it's about holding agencies accountable for their responsibilities. This legal step is both reasonable and common, providing clarity and fairness where bureaucracy and other methods fall short.

What Exactly is a Mandamus Lawsuit?

A Mandamus lawsuit is a legal action designed to compel a government agency, like USCIS, to fulfill its duties when delays become unreasonable or unjustified. Essentially, it's your legal way of telling the government: "You've had enough time—please make a decision!".

You might wonder if the government finds this irritating, but actually, agencies regularly handle legal prompts like these without any fuss. In fact, a Mandamus lawsuit is often just the nudge needed to get your application back on track, giving everyone involved a chance to move forward more efficiently.

At Pro Se Pro, we specialize in helping our clients navigate these Mandamus lawsuits effectively. We provide comprehensive guidance, from evaluating whether a Mandamus suit is right for your situation to preparing and filing your case. 

Our team supports you every step of the way, making the legal process simpler, clearer, and less stressful. Our goal is to empower you to confidently take back control of your immigration journey.

Is It Safe to Sue the Government?

We get it—many people are nervous that suing the government could lead to backlash from immigration agencies like USCIS or the Department of State. During the livestream, Brad Banias addressed this fear directly, reassuring listeners based on his extensive experience.

"I know the current Trump administration is perceived as hostile to immigrants, and I know that many believe they would get 'really mad' at people for suing. But let me tell you this: I was also here during the first Trump administration, and I'm a firm believer that USCIS, Department of State, and other agencies do not retaliate negatively towards people simply for filing a lawsuit."

Drawing from extensive experience with numerous immigration lawsuits, Banias emphasized that retaliation simply doesn't occur. He explained that while some cases may result in denials, these outcomes are always linked to specific, unrelated issues within applicants' files. Filing a lawsuit itself does not have a negative impact on the outcome of an immigration application, nor does it trigger any punitive response from agencies like USCIS.

“If I think back on my numbers, I would say that only 3 out of 1000 immigration lawsuits against government agencies have ever been denied. And none of those clients were surprised because there were other bigger issues in play. However, filing the lawsuit did allow them to move on to something else.”

Banias further explained that the misconception about retaliation arises from understandable anxiety given the current political climate. However, he reassured the audience that courts remain independent and impartial, regularly challenging government agencies when they act unjustly. 

Agencies like USCIS understand lawsuits as routine checks on their processes—not personal attacks or provocations. Ultimately, pursuing a lawsuit doesn't just address your specific delay; it also contributes positively to broader legal trends, helping protect immigrant rights for everyone.

Why Courts Are Supporting Immigrants Now More Than Ever

Given the current political climate, some might hesitate about taking legal action, assuming it's risky or ineffective. However, the reality is different. Courts today play a crucial and active role in safeguarding immigrant rights, especially when agencies like USCIS fail to act in a timely manner. 

Judges, who operate independently from political pressures, have repeatedly shown willingness to intervene when faced with unreasonable delays. This judicial support provides immigrants with a powerful advantage in resolving stalled applications effectively.

This favorable judicial climate isn't temporary—it reflects a long-standing legal principle that agencies must do their jobs within a reasonable timeframe. Judges see lawsuits as necessary tools to maintain fairness and efficiency. This perspective provides immigrants with a strong basis for legal action, encouraging proactive steps rather than passive waiting.

During the livestream, the team also shared uplifting success stories where litigation clearly paid off. The fact is that lawsuits frequently result in quicker approvals, favorable outcomes, and protect immigrant rights. These aren’t isolated cases; they're inspiring victories that offer hope to others facing similar struggles. We strongly recommend you watch the video to hear them in full detail!

When Should You Consider a Lawsuit?

You should consider filing a Mandamus Lawsuit if you are experiencing any of the following:

• Delays in U Visa benefits approvals (including BFEs and EADs)
• Long wait times for H4 EAD work permits
• Extended processing times for asylum applications (more than 5 years)
• Delays in adjustment of status applications
• Prolonged processing of EB-5 applications

Please remember that legal protection, like obtaining a work permit, isn't just about employment—it's essential for maintaining lawful presence and peace of mind. Securing your legal status is the best way to secure your future and the future of your loved ones. 

"One thing is true: we're seeing more stories about enforcement. You want to have your work authorization card and all your papers in order. You shouldn't rely on an ICE officer's ability to understand the law."

How Pro Se Pro Can Help

Here at Pro Se Pro, we empower immigrants and help them navigate the complexities of the legal system. We understand how exhausting uncertainty can be, and we're ready to help move your case forward. If you're stuck waiting and unsure about your next steps, we're here to help!

Your future shouldn't be stalled by red tape. With the right guidance—and perhaps a bit of legal pressure—you can reclaim control and move forward with confidence! 🚀

Ready to take action? Contact us today! Or call us at (802) 318-4668.