Not necessarily. While federal court litigation has a bit of a reputation for being very expensive (and in most cases, this is probably true), this is not necessarily true for mandamus petitioners. A petition for a writ of mandamus is a lawsuit asking a court to force the government to decide your immigration application. And they are relatively inexpensive compared with most federal court litigation. In fact, many of these lawsuits can be filed for a flat rate with reasonable expenses. Why?
First, sometimes these delays can be resolved even before a lawsuit is filed. This is especially true where the delay is particularly egregious. Sometimes even the threat of a lawsuit can force the government to act.
Second, even if you file a lawsuit, it is very straightforward. You file the complaint and the government has 60 days to respond. In that case, especially where the relief is warranted, the government will often act on the application during that 60 days, and the case is resolved.
Third, on some limited occasions, the government will push back. But even in those cases, usually it is a question about which federal court should hear the case. This often happens in the U.S District Court for the District of Columbia where a large number of these cases are filed but could be heard in another court. Even then, these motions are pretty straight forward.
Again, a writ of mandamus only requires the government to made a decision on your immigration application without telling the government what decision it should make.
Expenses can also be contained by a thorough vetting of the case prior to taking any action to ensure it is handled appropriately and filed in the appropriate court in the first instance.
At Aisen Law, PLLC, I charge a flat rate for mandamus petitioners with slightly higher rates for the most difficult cases, plus reasonable expenses including court filing fees, etc.
Call today for a free consultation about your case.
コメント