The immigration attorney Willy Allen III clarified that individuals who have been waiting between two and three years for their permanent residency in the United States should seriously consider filing a mandamus petition in federal court, a legal tool that compels the U.S. Citizenship and Immigration Services (USCIS) to process unjustly delayed cases.
"People who should already consider filing a mandamus are those who have waited for the minimum time of over two years; I would say probably closer to three," Allen explained in an interview with CiberCuba.
The minimum threshold is two years, but Allen ideally recommends waiting until three before taking that legal action, especially in the context of the temporary immigration pause imposed by the Trump administration on January 21 of last year, which suspended status adjustments, naturalizations, and work permits for Cubans and nationals from 74 other countries.
Until that threshold is reached, Allen recommends submitting a formal inquiry to USCIS every three months to document attempts at communication with the agency.
"Every three months, you need to conduct what is called an inquiry with USCIS to demonstrate that you have attempted to communicate with USCIS to find out the status of your case," she clarified.
Regarding how many consultations should be made before filing the mandamus, Allen was clear: "There is no specific number, but it can only be done every three months, so I recommend doing it every three months."
The lawyer also explained what this legal figure exactly means: "A mandamus is a petition to the Federal Court to compel or mandate USCIS to process a case, because they are essentially not doing their job and are unnecessarily delaying the process."
However, it is important to emphasize that submitting it does not guarantee the approval of residency: it may lead to an interview, a denial, or simply a decision by USCIS.
Allen's office has already filed its first mandamus with quick results. "We have only submitted one mandamus so far, but within less than a week, an interview was scheduled for the client," he disclosed. The residency appointment came even before reaching a conference with a federal judge, illustrating the pressure this action exerts on USCIS.
Allen warned that the process is not simple: "It's more complicated than a case or a petition to USCIS or something like that because it's federal court; it's basically suing the government to process the procedures that are with USCIS."
For those awaiting their citizenship—like a viewer whose ceremony was scheduled for December and was postponed due to the pause—Allen believes that a mandamus may not be the best option yet, unless their residency is about to expire.
This scenario occurs in a context of prolonged paralysis.
Residency approvals for Cubans dropped by 99.8%, from 10,984 in February 2025 to just 15 in January 2026, according to data from the Cato Institute. Although there are signs of a "quiet lifting" of the pause - with some appointments being scheduled - the formal suspension has not been officially lifted.
On May 22, USCIS issued a memorandum that restricts the adjustment of status within the United States to "extraordinary circumstances," pushing more applicants towards the consular route and further complicating pending processes.
The lawyer Liudmila Marcelo predicted on April 29 that the pause could be lifted between May and mid-June of this year, and she announced that if it did not happen, she would begin filing mandamus "for everyone."
Filed under: