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Our participation at the American Immigration Lawyers Association Latin America and Caribbean Chapter (LACC) Conference in Barbados was intentional. These conferences are where real-time strategies are shared, challenged, and refined. Being present allows us to understand how attorneys are responding to current processing realities and how tools are being used in practice, not just in theory. That insight directly informs the work we do behind the scenes supporting immigration cases.
One of the sessions that generated significant discussion focused on the use of mandamus in immigration cases. With long-pending applications becoming more common, attorneys are increasingly looking at mandamus as a way to force movement when cases appear stuck.
A writ of mandamus is a federal lawsuit that asks a court to order a government agency to take action on a matter it has a duty to decide. Most often, this means compelling USCIS to adjudicate a long-pending application or petition. It is essential to understand what mandamus does and does not do. It does not force an approval. It forces a decision.
During the Latin America and Caribbean Chapter (LACC) Conference, Ron Klasko emphasized two practical points that are often overlooked.
The first is venue. Where a mandamus case is filed can influence how the government responds. Some federal courts, such as Washington, D.C., are so heavily congested that the government may be more inclined to fight the case aggressively rather than resolve it quickly. When another suitable venue becomes available, that choice alone can alter the tone, timing, and posture of the case. This is not a procedural detail. It is a strategic decision.
The second point was the role of expert support. Strong mandamus strategies are often supported by expert declarations and evidence that help clarify complex issues. Judges are not immigration officers, and USCIS does not always rely on outside experts when reviewing cases involving business operations, financial projections, or industry-specific realities. Expert input can help translate those complexities into a clear, credible record that a judge can readily understand.
This is an area where we are frequently asked to assist. While we are not attorneys and do not file lawsuits or petitions, attorneys regularly bring us in to provide expert insights that support their arguments. This includes preparing expert declarations, contextual evidence, and business or industry analysis that strengthens the overall case. In many situations, that support plays a meaningful role in responding to RFEs and helping move cases toward approval.
We share these insights because we believe it is important for applicants and stakeholders to understand the strategies being discussed and used at the highest levels of immigration practice. Our goal is not to give legal advice, but to pass along information so readers can ask informed questions, do their due diligence, and determine with qualified counsel whether these strategies may be appropriate for their specific situation.
The conversations in Barbados reinforced an important point. In today’s immigration environment, outcomes are often shaped by strategy, preparation, and the quality of the supporting record. Staying informed about how those strategies are evolving can make a real difference.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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