What is the most common lawsuit for USCIS adjudications, filed to compel USCIS to render a decision?

• A. Declaratory Judgment
• B. Mandamus
• C. Class Action
• D. INA § 310(c)

Answer: (B)

The most common lawsuit filed to compel USCIS to make a decision is the Mandamus action. This type of legal action is used when a party seeks a court order to compel a government agency, such as USCIS, to fulfill its duty that is mandated by law. In the context of immigration, when an applicant has waited an unreasonable amount of time for a decision on a petition or application, they may file a Mandamus lawsuit to prompt USCIS to take the necessary action and issue a decision.

Mandamus actions are particularly effective because they are specifically designed to address delays and compel action from government entities. This makes it a preferred legal remedy for individuals who feel frustrated with extended processing times or lack of communication from USCIS.

Other types of lawsuits, such as declaratory judgments, may seek a court's interpretation of the law but do not compel action in the same way mandamus does. Class actions involve multiple plaintiffs but are not typically used to compel a decision in individual USCIS cases. INA § 310(c) specifically addresses certain naturalization issues and is not a general tool for compelling action from USCIS.