When government agencies fail to act, lives stall. Whether it’s a delayed immigration case, a prolonged wait for disability benefits, or a license stuck in red tape, inaction from the government can feel like an invisible wall between you and your rights. For many, that silence isn’t just frustrating, it becomes costly, confusing, and emotionally draining. So the question arises: Can you sue for government inaction or delay in services? Yes, in specific circumstances, the law gives you legal recourse to hold agencies accountable.
This guide will explore the legal tools available to challenge prolonged delays, how mandamus lawsuits work, and what steps you can take to move your case forward.
Understanding Government Inaction and Delay
Government inaction occurs when an agency fails to process, review, or respond to a legally filed application or request for service. When individuals follow official procedures and submit all required documentation, agencies such as USCIS, the Social Security Administration, the IRS, or the Department of Veterans Affairs are expected to act within reasonable timeframes as outlined by law.
Prolonged delays occur when government agencies exceed published timelines or fail to act altogether. In some immigration cases, for instance, USCIS has failed to issue decisions for months or even years, despite having all documentation. This kind of delay can disrupt lives and immigration status.
Whether it’s an immigration case or another federal service, such inaction has consequences. The longer an agency takes to respond, the greater the harm to the applicant, missed work opportunities, family separation, financial losses, or even legal jeopardy.
Legal Recourse: What Is a Mandamus Lawsuit?
One of the primary forms of legal recourse against government inaction is the mandamus lawsuit. A mandamus lawsuit is a type of legal action filed in federal court to compel a government agency to act. It doesn’t ask the court to decide the case—only to force the agency to make a decision.
Key facts about mandamus lawsuits:
- You can file when a government agency has failed to act within a reasonable timeframe.
- A mandamus attorney helps prepare the case to demonstrate excessive delay.
- Mandamus actions are available across various areas, including immigration law, Social Security, and veterans’ services.
Mandamus actions hold weight because they force government agencies to move forward with a decision. While they don’t guarantee a specific outcome, they can break the cycle of bureaucratic stalling.
When Can You Sue USCIS for Delays?
Prolonged delays in immigration law are a growing concern. You may sue USCIS when your immigration case remains unresolved beyond reasonable processing times and you’ve submitted all required documents. A mandamus attorney can help you explore whether the delay violates your rights under federal law and determine if litigation is a viable path forward.
Before filing a mandamus lawsuit against USCIS, ensure that:
- You’ve exhausted all administrative options, such as a service request or case inquiry.
- The delay has become unreasonable based on publicly posted USCIS processing times.
- The inaction affects your legal rights, work status, or family life.
For example, an immigrant waiting two years for a green card decision may face work permit expiration and family separation. In such cases, suing USCIS through a mandamus action becomes a justified step.
Determining the Appropriate Jurisdiction and Legal Process
A mandamus lawsuit is a federal matter, meaning the case must be filed in a federal court with appropriate jurisdiction.
This usually means:
- The federal district where the petitioner resides
- The district where the government agency’s office responsible for the delay is located
Establishing the correct venue is crucial, as courts will dismiss cases filed in an improper jurisdiction.
Filing a mandamus proceeding requires several steps:
- Consultation: You first consult a qualified attorney to evaluate the strength of your case.
- Document Review: The attorney will review all your filings and service records.
- Filing the Lawsuit: A complaint is filed in federal court with jurisdiction.
- Government Response: The agency must respond and either act or justify the delay.
- Potential Outcomes: The court can compel action on your behalf, though it can’t dictate the specific outcome of your case.
This process applies broadly, not only to immigration but also to delays in issuing licenses, tax refunds, and other federal services.
Costs, Risks, and Important Factors to Consider
Legal action involves costs, which vary depending on the complexity of the case and location. While litigation isn’t guaranteed to succeed, it provides a structured way to demand resolution.
Key costs and considerations:
- Filing fees: These vary by jurisdiction.
- Attorney’s fees: Costs depend on the case length and whether it settles quickly.
- Time and stress: Even though mandamus lawsuits often push agencies to respond, proceedings can still take months.
You must also weigh the likelihood of success based on case specifics. Courts typically look at how long the delay has lasted, what harm it caused, and whether all documentation was correctly submitted.
Beyond Immigration: Other Examples of Government Inaction
Immigrants are not the only ones impacted by delays. Mandamus actions apply to various types of government services:
- Social Security Disability claims: Individuals waiting over a year for review despite providing all medical records
- Veterans’ benefits: Delayed approval for housing services and health care benefits, including VA home loans, specially adapted housing grants, access to critical medical services, or VA hospital enrollment.
- Licensing and Permits: Long wait times for professional or business licenses without agency response
Individuals have used this form of legal action to resolve prolonged delays in benefits, licensing, and care-related services. In each case, if you’ve submitted the correct documents and the agency has failed to act, you may have a path forward through legal channels.
What to Do Before You Take Legal Action
If you’re considering a lawsuit, these steps are crucial:
- Consult an attorney experienced in mandamus litigation
- Gather documentation of all attempts to resolve the delay (emails, receipts, follow-up service requests)
- Investigate alternate remedies first (e.g., expedited requests or administrative appeals)
- Understand the law that governs your specific case or agency, such as the Administrative Procedure Act (APA)
Documentation is especially important. Courts often evaluate not just the delay itself but your effort toward resolving it through proper channels before filing.
How Bourassa Law Group Can Assist
Facing government inaction can be deeply frustrating, especially when your future depends on timely service. Whether you’re dealing with a delayed immigration case, stalled benefits, or unprocessed applications, legal recourse exists.
Bourassa Law Group understands the legal and personal toll that prolonged delays from government agencies can cause. Our attorneys provide representation in mandamus lawsuits, guiding clients through each step.
If you’re unsure whether your case qualifies for legal action, contact us today for a free consultation to review your documents and take the first step toward clarity and action.
1-800-870-8910