User Question: My asylum has been pending for 2 years and 7 months. Some attorneys say I can file a mandamus after 3 years. What are the risks of filing now? I don’t want to wait more because I’d like to move cities and don’t want my case transferred since I’d go to the back of the line. Any advice?

Expert Answer: Filing a writ of mandamus can be an option if your asylum case has been unreasonably delayed, but there are risks involved. If you file too early (before a clear unreasonable delay can be established), the government may argue that your case is still within normal processing times, and the lawsuit could be dismissed. Additionally, mandamus forces USCIS or the immigration court to act, but it does not guarantee an approval—it only compels a decision, which could be a denial. Since you are considering moving, you are correct that transferring your case could result in delays. Before taking any action, consult with an experienced immigration attorney to assess whether filing now is the best strategy based on your case specifics.