One frequently asked question is whether a mandamus lawsuit is appropriate for applications that are experiencing delays that are within “normal” processing time.

The answer is that it can be appropriate, as a case may still be unreasonably delayed even if it falls within the stated USCIS processing time range. This was addressed by the Sixth Circuit Court of Appeals, which stated the following classic line: “We find it unhelpful to fixate on the average snail’s pace when comparing snails against snails in a snails’ race.”

However, it’s important to note that a case being outside of the stated processing time range does not necessarily mean that it’s automatically considered unreasonable. The length of delay, processing times, individual case facts, and jurisdiction must all be taken into account when assessing the potential strength of a mandamus lawsuit.