What does a mandamus case actually cost?

Mandamus is one of the most cost-predictable kinds of federal litigation because the relief is narrow (force a decision) and the case almost never goes to trial.

Hard costs

• Federal court filing fee — check the court's current fee schedule for a civil complaint in district court.
• Service of process — service on USCIS, the U.S. Attorney for the district, and the Attorney General. Certified mail keeps this under $30.
• Pro hac vice fees if the lead attorney is admitted in another district — varies.

Attorney fee

Our firm charges a flat fee for routine USCIS-delay mandamus. The flat fee includes:

• Pre-filing administrative-exhaustion record build (FOIA review, congressional/ombudsman submissions).
• Drafting and filing the complaint with all TRAC-factor allegations.
• Service on the defendants and the U.S. Attorney's office.
• Negotiating with the Assistant U.S. Attorney assigned to the case.
• Dismissal stipulation once the decision issues.

When the fee goes up

The flat fee assumes the case settles. If the government does not settle and forces a motion to dismiss or summary judgment, additional fees apply — but in our practice this is uncommon for routine USCIS-delay cases.

When you may recover fees from the government

The Equal Access to Justice Act, 28 U.S.C. § 2412(d), allows fee recovery if the government's position was not substantially justified. In USCIS-delay mandamus, the government almost always settles before judgment, which avoids the "prevailing party" trigger. EAJA recovery is real but unreliable in mandamus.

Why the math works

A USCIS adjudication delay of 12+ months past published times routinely costs clients:

• Lost work authorization extensions.
• Inability to travel.
• Loss of derivative-benefit timing for children aging out under INA § 203(h) (CSPA).
• Lost employment offers tied to status.

For most clients, a mandamus fee is recovered in one to three months of restored ability to work or travel.

How we handle this

We quote the flat fee at engagement, lay out exactly which milestones it covers, and stop the clock if the case settles in the first 30 days. Mandamus should never feel like an open-ended litigation expense — and we structure the engagement so it does not.