Are you frustrated by an unusually long delay in your Canadian citizenship application? If your application has been pending well beyond normal processing times, you may have legal recourse through a writ of mandamus.
In this article, we provide a comprehensive, step-by-step guide on how to file a mandamus for a delayed citizenship application, so you can take informed action.
What Is a Writ of Mandamus?
A writ of mandamus is a legal petition filed in federal court asking the court to compel a government agency—such as IRCC in Canada—to perform its duty. In the case of citizenship delays, this means asking the court to order the agency to make a decision on your application.
Important Note: A mandamus does not guarantee approval of your application—it only compels a decision, whether approval or denial.
When Should You Consider Filing a Mandamus?
You should consider filing a mandamus lawsuit if:
- Your citizenship application has been pending well beyond normal processing times (often 12+ months).
- You have made multiple inquiries with no meaningful response.
- You are experiencing hardship due to the delay.
- You have no criminal or security concerns that might reasonably justify the delay.
Step-by-Step Guide to Filing a Mandamus
Step 1: Confirm the Delay is Unreasonable
Before initiating legal action, check the normal processing times on:
If your case is outside these timelines and no updates have been given despite inquiries, you may have grounds for a mandamus.
Step 2: Make an Official Inquiry
Before going to court, make sure to exhaust administrative remedies:
- Submit a case inquiry via USCIS/IRCC portals.
- Contact your local Member of Parliament (Canada) or Congressman (U.S.).
- Use available ombudsman services.
Document these efforts—they show the court that you attempted all reasonable alternatives.
Step 3: Consult an Immigration Attorney
Filing a mandamus is a federal lawsuit, and it’s highly advisable to consult or retain an experienced immigration lawyer. They can:
- Evaluate the merits of your case.
- Draft and file the necessary legal documents.
- Communicate with the government on your behalf.
Step 4: File the Complaint in Federal Court
Here’s what your legal representative will typically do:
- Draft the Complaint: This details the facts, the unreasonable delay, and your legal basis for the petition.
- File the Case: The complaint is filed in a federal district court (U.S.) or the Federal Court (Canada).
- Serve the Defendants: Relevant government agencies (e.g., USCIS, IRCC) and officials are served notice.
Step 5: Wait for Government Response
After being served, the government may:
- Expedite your case to avoid litigation.
- Respond in court, arguing the delay is justified.
- Settle the case by agreeing to adjudicate the application within a set time.
Most mandamus cases result in action within weeks to a few months after filing.
Step 6: Court Proceedings (If Necessary)
If the agency refuses to act or settle, the court may proceed to:
- Hear arguments from both sides.
- Order the agency to issue a decision.
Litigation may take several months, but many cases are resolved before reaching this point.
FAQs About Mandamus for Citizenship Delays
Q1: How much does it cost to file a mandamus?
A: Legal fees vary but typically range from $2,000 to $5,000 USD/CAD, plus court filing fees.
Q2: Can I file a mandamus on my own (pro se)?
A: It’s possible, but not recommended unless you have legal experience. Immigration law and federal court procedures are complex.
Q3: Will filing a mandamus hurt my case?
A: No, it is your legal right. Agencies cannot retaliate against you for exercising it.
Conclusion
Filing a writ of mandamus can be an effective way to address unreasonable delays in citizenship processing. While it’s a serious legal step, it often results in faster decisions. If you’re stuck in limbo and feel the system has failed you, this may be the right path forward.
📌 Pro Tip: Always consult with a qualified immigration lawyer to assess your unique case before taking legal action.