Form I-751 Stuck for Years? Federal Mandamus Lawsuit Can Force USCIS to Act in 2026

Conditional permanent residents filing Form I-751 (Petition to Remove Conditions on Residence) are facing processing times approaching 32.5 months at USCIS—far beyond regulatory expectations. These delays ripple into other major immigration milestones, blocking applicants from obtaining their 10-year green card, filing for U.S. citizenship (Form N-400), and even renewing driver's licenses or verifying employment. A federal mandamus action is a legal mechanism under the Administrative Procedure Act (APA) that petitions a federal court to compel USCIS to adjudicate an unreasonably delayed case. Critically, the lawsuit does not ask the court to approve the petition—it only demands that USCIS take action within a reasonable timeframe. In a recent case, WR Immigration filed a mandamus lawsuit on behalf of a conditional resident whose I-751 had been pending for nearly two years, also stalling a concurrent N-400 naturalization application. Approximately two months after filing, USCIS approved the I-751, allowing the naturalization process to move forward and an oath ceremony to be scheduled. For EB-3 applicants who obtained conditional residence through their green card and are now facing I-751 backlogs, this legal avenue may be particularly relevant. Delays in I-751 adjudication can disrupt the entire path to permanent status and citizenship, making timely resolution critical. Applicants whose I-751 has been pending for an extended period—particularly those whose naturalization eligibility is being blocked as a result—should consult with an immigration attorney to evaluate whether federal litigation is an appropriate next step. Results vary by case, and prior outcomes do not guarantee future results.