Immigration Law

Herischi Law provides high-level immigration representation with a strong focus on asylum proceedings before U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR), as well as federal court litigation to address unreasonable agency delays through writs of mandamus. Our team combines deep knowledge of immigration law with substantial federal court experience to help clients navigate complex cases, overcome bureaucratic obstacles, and secure meaningful relief.

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Writs of Mandamus

A writ of mandamus is a powerful federal court order that compels a U.S. government agency or official to perform a clear, non-discretionary legal duty they have unreasonably failed or refused to carry out. In the immigration context, it is most commonly used to force USCIS (and sometimes the Department of State) to take action on long-pending applications when normal processing channels have failed.

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Why it matters Immigration applicants often face extended and unexplained delays in the adjudication of benefit applications, even when they have submitted complete filings and paid all required fees. These delays can last many months or even years beyond published processing times, leaving individuals and families in prolonged uncertainty. A writ of mandamus provides a legal mechanism to break this deadlock. By filing in federal district court, we ask a judge to order the agency to render a decision within a court-imposed timeframe (often 60–90 days). This tool is especially critical because the Administrative Procedure Act (APA) requires federal agencies to act within a “reasonable time.” When that obligation is ignored, mandamus restores accountability and can dramatically accelerate a stalled case.

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Who may qualify Not every delay justifies a mandamus action. To succeed, a plaintiff generally must demonstrate three core elements:

1. A clear right to the relief sought (the applicant is within the zone of interest protected by the relevant immigration statute).

2. A clear, non-discretionary duty on the part of the agency to act (for example, the statutory obligation to adjudicate a properly filed application).

3. No other adequate remedy is available (the applicant has already pursued available administrative options such as service requests, expedite requests, and congressional inquiries without meaningful results).​

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Courts also evaluate whether the delay is “unreasonable” by considering factors such as the length of the delay compared to published processing times, the impact on the applicant (family separation, loss of employment authorization, health consequences, or expiration of lawful status), and whether the agency has offered any legitimate justification. Common cases that may qualify include adjustment of status (Form I-485), naturalization (Form N-400), and certain family-based or employment-based petitions that have been pending significantly longer than normal processing times with no apparent progress.

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It is important to note that a successful mandamus action compels the agency to make a decision; it does not guarantee approval of the underlying application. Our attorneys carefully evaluate each potential case to determine whether mandamus is the appropriate and strategic next step.

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Asylum Proceedings Before USCIS and EOIR

We represent clients in both affirmative asylum applications filed with USCIS and defensive asylum proceedings before EOIR Immigration Courts. Our attorneys handle the full lifecycle of asylum matters, including preparation of detailed applications and supporting evidence, representation at asylum interviews and merits hearings, and appeals to the Board of Immigration Appeals (BIA) when necessary. We also assist clients seeking related forms of protection, such as withholding of removal and protection under the Convention Against Torture (CAT).

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Because many of our clients face complex factual backgrounds or prior encounters with immigration authorities, we bring a sophisticated, detail-oriented approach to building strong, well-documented claims. When cases require federal court involvement—whether through mandamus to address agency delay or petitions for review of BIA decisions—we draw on our established federal litigation experience in the U.S. District Courts and Courts of Appeals.

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Our Immigration Practice

In addition to asylum and mandamus litigation, Herischi Law handles a range of immigration matters, including BIA appeals, cancellation of removal, adjustment of status with waivers (such as I-601A and I-485), bond hearings, and certain visa and citizenship-related issues. We focus on cases that require careful legal strategy, thorough factual development, and, when necessary, aggressive federal court advocacy.

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If you are facing an unreasonably delayed immigration application, need representation in an asylum proceeding before USCIS or an Immigration Court, or require skilled advocacy in a complex immigration matter, Herischi Law is prepared to evaluate your situation and pursue every available legal avenue for relief.