How to Speed Up Asylum Interview with Mandamus in Federal Court
Learn how filing a mandamus lawsuit in federal court can speed up your asylum interview, based on a real case shared by immigration attorney Ilya Fishkin.
How to Speed Up Asylum Interview with Mandamus in Federal Court
If you filed for asylum and have been waiting years for an interview with no end in sight, you are not alone — and you may not be powerless. There is a legal tool called a writ of mandamus that some immigrants have used to push the government to act. Immigration attorney Ilya Fishkin, admitted to the New York Bar with over 20 years of experience, recently shared a real case that shows how this can work.
What the Attorney Says
According to Fishkin, if you do not want to keep waiting indefinitely for your asylum interview, filing a mandamus petition in federal court is an option worth considering. He described a specific case: a client who arrived in 2019 and had been waiting for an asylum interview with no movement. The attorney's office filed a mandamus petition on December 4th, and as a result, the client was called in for an interview.
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Fishkin is clear that results vary. For some people, a mandamus can produce results within a month. For others, it may take around four months. The timeline is not guaranteed, but the key point is that filing a mandamus can meaningfully accelerate the process compared to simply waiting in the queue.
The underlying logic is straightforward: a mandamus action asks a federal court to compel a government agency to perform a duty it has unreasonably delayed. In the asylum context, this means pushing USCIS or the immigration court to schedule an interview that has been pending for an extended period. When the government receives a federal lawsuit, it often responds by moving the case forward.
What You Should Do
Based on what Attorney Fishkin shared, here are the practical steps to consider:
Assess your wait time. If you filed for asylum and have been waiting a significant amount of time without being scheduled for an interview, you may be a candidate for a mandamus action.
Consult an immigration attorney. Mandamus is a federal court filing — it is a lawsuit. This is not something to attempt without qualified legal help. An attorney can evaluate whether your specific situation makes you a good candidate.
Ask about mandamus specifically. When you speak with an attorney, ask directly whether filing a mandamus petition in federal court could help speed up your asylum interview. Not every case will qualify, but it is a conversation worth having.
Act — don't just wait. Fishkin's message is clear: if you don't want to wait, there are options. Sitting passively in the backlog is a choice, but so is taking legal action.
FAQ
Q: What is a mandamus and how does it relate to my asylum case? A: A mandamus is a petition filed in federal court asking a judge to order a government agency to take an action it has unreasonably delayed. In the asylum context, it can be used to push for an interview that has been pending for a long time. Attorney Fishkin described a real case where this approach resulted in an interview being scheduled after the mandamus was filed.
Q: How long does it take for a mandamus to work? A: According to Attorney Fishkin, it depends on the case. For some people, a mandamus can produce results within about a month. For others, it may take around four months. There is no single guaranteed timeline.
Q: Can I file a mandamus on my own? A: A mandamus is a federal court lawsuit, which means it involves formal legal proceedings. While Fishkin did not address this directly in the interview, this type of filing is strongly associated with having qualified legal representation. Speaking with an immigration attorney is the recommended first step.
Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.