Our administrative processing has been pending for five months since the interview. I read that for a mandamus against the State Department, timing is one of the key factors — the longer it drags on, the stronger the plaintiff’s position. Or is five months still too short and the court won’t accept the lawsuit?
The lawyer I talked to said no earlier than five months — in the document from AP (АП) it says “several months”, which is basically an undefined number, but usually means four to five. Most start at six months. So you’re right on the borderline — you can already start getting consultations.
6 Likes
As someone who has already dealt with a mandamus, I can say the following.
The essence of such cases usually boils down to a dispute over the reasonableness of the waiting period. The petitioner’s lawyer finds case law where courts have recognized a 5–6 month delay as excessive and requiring intervention. In response, the State Department cites other decisions where courts considered waiting several years acceptable.
Therefore, a single waiting period is often not enough. For a stronger position, additional individual circumstances are needed. For example, the need for urgent medical treatment, critical work obligations, family reunification, the expiration of important documents, or other factors showing concrete harm from the delay.
In my view, a 5-month period by itself currently looks like a weak basis for a mandamus. I would consider filing closer to a year of waiting if there’s been no movement on the case in that time or no additional serious circumstances arise.
6 Likes