Federal Court Guides › Delays & Mandamus › Immigrant visa delays
The green card that never ships

Approved, current, and still waiting

Immigrant-visa delays are crueler than most: the petition was approved, the date is current, the family did everything — and the case sits at a consulate with no clock anyone will name.

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Where IV cases actually stall

What makes an IV delay actionable

The same framework as every unreasonable-delay case — the duty to decide, the wait against reasonable benchmarks, the documented harm — with one IV-specific edge: the harm is usually vivid (families separated across years, jobs and schools on hold) and the record is usually long. What the suit asks is what it always asks: a decision, from officials who have stopped making one. And one caution the honest page owes you: letting an approved case sit unpursued for long enough can itself endanger the registration — keep the file demonstrably alive while the fight proceeds, and let counsel manage what "alive" requires.

The legal tool: mandamus and the APA

Two federal statutes turn an unreasonable wait into a lawsuit. Under 28 U.S.C. § 1361, a district court can order a federal officer to perform a duty owed to you; under the Administrative Procedure Act, 5 U.S.C. § 706(1), the court can “compel agency action unlawfully withheld or unreasonably delayed.” Neither statute lets a judge decide the visa for the agency — the relief is an order to adjudicate, which is usually exactly what a stuck case needs.

What “unreasonable” means in court

Judges in the D.C. Circuit weigh the so-called TRAC factors: how long the delay has actually run, whether Congress supplied a timetable, what the agency says is in the way, and what the delay is costing you. Congress has said processing within 180 days is the expectation for immigration benefits — a sense of Congress, not a deadline, but courts read it as a benchmark. There is no magic month at which a delay becomes actionable; there is a record to build, and most of these cases end with the agency simply doing its job shortly after service.

The NVC stage is its own animal. If your case has not yet reached the consulate — stuck at the National Visa Center instead — that page covers the different bottleneck and the different fix.

Questions people actually ask

Our priority date is current but no interview is scheduled. Sue now?

Current-and-unscheduled is the posture these suits exist for — the question is the wait's length and the record you've kept. Bring the timeline; the assessment is specific.

Does suing risk the consulate refusing the visa?

The visa must still be decided on its merits whenever it is decided. What the suit changes is that a U.S. Attorney now answers for the schedule — the merits conversation is separate, and yours to win on the record.

Can the whole family join one delay case?

Derivative applicants ride the same stalled case, and family suits are routinely filed together — one action, one schedule, everyone's wait ended or explained at once.