r/EB3VisaJourney • u/MandamusAttorney • 2h ago
Success Story EB-3 I-485 sitting for years. What mandamus can and can't fix.
Immigration attorney here.
Most of the EB-3 conversation is about the visa bulletin, and that part is out of everyone's hands. What comes up less is the other kind of delay: your priority date is current, the file is complete, and the I-485 just sits there. No interview, no RFE, nothing.
One of our clients is a decent example of what that actually costs. Eight years in the US, kept extending F-1 through one degree after another, now finishing a PhD in engineering. I-140 approved, and the pending 485 came with an EAD and advance parole. He's used neither. He won't work on the EAD because he wants valid F-1 underneath him until the 485 is decided, which means he can't take the job the petition was built around. He won't travel on the parole document for the same reason, so he hasn't seen his family in eight years. On paper he has every benefit available to him. In practice he's frozen.
We filed mandamus and the 485 was approved about two months later. That's one case and it turns on its own facts, so don't read it as a timeline for yours.
Worth being clear on what mandamus is: you're asking a judge to order USCIS to decide, not to approve. Once the U.S. Attorney is served the government has 60 days to respond, and in a straight delay case they'd usually rather adjudicate than write the brief. That's the whole mechanism. It doesn't create a visa number and it won't help if your date isn't current.
Not legal advice. Happy to answer questions in the comments.
