Can you file a mandamus lawsuit too early? And do USCIS posted processing times determine whether your delay is unreasonable? This episode explains the timing considerations for mandamus litigation and clears up common misconceptions.

Timing matters in mandamus cases. Filing too early can result in dismissal, but waiting too long means unnecessary months or years of delay. In this episode, we cover why courts do not set bright-line rules for timing and why there is no magic number of months or years, how filing too early can result in dismissal and what that means for your case, why USCIS processing times are not legal standards and courts are not bound by them, how processing times are backward-looking estimates rather than benchmarks for reasonableness, using processing times as evidence for your case rather than against it, factors suggesting it may be too early including short delays, ongoing agency activity, and no hardship, factors suggesting it is time to file including extended inactivity, failed administrative efforts, and documented harm, statutory timelines like 8 U.S.C. § 1447(b) for naturalization and the I-829 benchmark for EB-5, strategic considerations for balancing risk of dismissal versus continued waiting, and working with an attorney to evaluate timing.

This is legal education, not legal advice. Every case is different. Consult a qualified immigration attorney about your specific situation.

Learn more at mandamuslawyers.com/podcast