Writ of Mandamus to Overcome 221(g) Administrative Processing at the Consulate

What is a Writ of Mandamus?

A writ of mandamus is a filing that can be made in federal court to force the US Consulate to act on a visa application.

Why Pursue a Writ of Mandamus?

The purpose of filing a mandamus action is to get the Consulate to act.  Administrative processing is normally resolved in a few months but in some cases it can last years.  A federal judge has the authority to order the Consulate to end the delay and make a decision in a case.

What are the Possible Outcomes of Filing a Writ of Mandamus?

Either the judge is going to agree to order the Consulate to act or they are not.  However, winning the case is court does not mean that the visa will be approved.  In fact, in many cases the Consulate will still deny the visa.  There is a significant chance that filing a writ of mandamus will result in your visa application being denied and the Consulate will deem you inadmissible to the United States.  These inadmissibility determination can be lifetime bans from ever obtaining a visa or entering the US.

Does the Messersmith Law Firm take Mandamus cases?

No.  Before we ever take case, we always explain to our potential clients that their case can be denied.  We will generally provide guidance on a client’s chances and in every case there is always a chance of a denial.  We hate denials and we always do our best to avoid them.  However, we do not take mandamus cases because there is a very real chance that even if we win the mandamus action in court, the Consulate will refuse our client’s visa application and ban them from the US forever.  We do not want to take a case unless we believe that we can get it approved.  Our goal is to help people – not put them in a worse position than before they retained us so we do not take mandamus cases.

What is the Alternative to a Mandamus Action?  Am I Supposed to Wait Forever?

Recently a client came to us with a case that had been in administrative processing for four years.  Every six months they would ask him for more information or more documents.  He would provide them thinking that would resolve things and he could obtain his visa.  But, it never ended.  Just endless requests for more documents and when he made inquiries, he was told that his case was still under administrative processing.  He came to us asking us to file a mandamus petition.  He said that he read on different forums that other people had done this.  We refused to risk his future by filing a mandamus petition and offered instead to work with both the Consulate and the US Department of State to resolve the delay.  Not only can the State Dept order the Consulate to act but they can order them to act in a specific way.  We were able to get our client’s visa approved in 9 months.

What if I already filed a Mandamus Petition and the Consulate Banned me from Coming to the US?

What’s done is done and the best thing to do is to regroup and continue the fight.  We see a lot of INA 212(a)(6)(C)(i), INA 212(a)(2)(C)(i), INA 212(a)(3)(a), and INA 212(a)(3)(b) inadmissibility determinations following a mandamus “win.”  Many clients came to us sought help and expressed that they were innocent.  The way to move forward is to appeal or challenge the Consulate’s determination of inadmissibility and we have done so in many cases and have extensive experience in these matters.  If you have a similar case, contact our office through our website or give us a call at 305 515 0613. We look forward to helping you win your case like we have for thousands of other clients.