A step-by-step guide for an applicant whose file stopped because of an agency-wide hold or pause rather than a backlog, written after the 2025–2026 USCIS holds and the 2026 visa pause.

An application can stop for two very different reasons. Sometimes the agency is slow, and the file waits its turn. Sometimes the agency has decided not to decide a whole category of cases until further notice. The second situation calls for different steps. This guide assumes the reader has read the general guidance in Ten Questions Before Filing and focuses on what is different when a policy is the cause.

1. Confirm that a policy is the cause

Look for official notices, not forum posts. For the USCIS holds of 2025–2026, the controlling documents were Policy Memoranda PM-602-0192 and PM-602-0194, and USCIS has since published notices of the court orders affecting them, including the June 2026 vacatur. For the 2026 immigrant visa pause, the State Department's notice listed the countries and later confirmed the pause's end. Check whether the policy applied by nationality, country of birth, form type or filing date, and whether you fall within it. A quick comparison with published processing data, such as the check offered in Is Your Case Actually Stuck?, helps separate a policy hold from ordinary slowness.

2. Find out whether a court has already acted

A vacated policy no longer governs anyone. An injunction protects those it names. A class order protects class members. The differences are explained in Universal Relief After Trump v. CASA and Should I Wait for a Class Action?. If an order already requires the agency to resume, the next question is whether the agency has resumed on your file.

3. Use the agency's own channels and keep copies

Submit a service request or the inquiry the agency offers, and ask a congressional office to make an inquiry. Responses that cite the policy are useful evidence that the delay is not a matter of workload. The order in which to use these channels is discussed in Mandamus vs. Filing an Inquiry With USCIS.

4. Document the harm

Courts weigh concrete harm to health, welfare and family more heavily than inconvenience. Keep records of separation from family, loss of employment authorization, medical needs, and any deadline that the delay threatens. For employment authorization in particular, see EAD Renewal Delays.

5. Decide what kind of case fits

If the policy is still in force and no order reaches you, the strongest claim usually targets the policy under the APA's set-aside provision; see Compel or Set Aside?. If the policy has been removed and your case still does not move, an ordinary delay suit is the tool, judged under the TRAC factors.

6. Think about what a decision could look like

A suit forces a decision, and the decision may be a denial, especially where the agency has expanded its use of discretion, as with PM-602-0199. Whether filing suit carries other risks is addressed in Does Filing Mandamus Hurt My Immigration Case?. Families of refugees and asylees whose follow-to-join petitions are delayed have their own considerations; see I-730 Mandamus.

Key points

  • First confirm, from official notices, that a policy rather than workload explains the delay.
  • Check whether a vacatur, injunction or class order already reaches your application.
  • Agency inquiries and congressional inquiries create evidence that the delay is policy-based.
  • A policy still in force is usually challenged under § 706(2); a delay after the policy ends is an ordinary TRAC case.
  • A suit compels a decision, which may be a denial.

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Governing authority

  • 5 U.S.C. § 706(1)–(2)
  • 5 U.S.C. § 555(b) — duty to conclude matters within a reasonable time
  • 28 U.S.C. § 1361 — mandamus jurisdiction
Educational information only. This article explains general legal principles for research purposes and does not constitute legal advice. Mandamus procedure and standards vary by jurisdiction and change over time. If you have an active legal matter, consult a licensed attorney in your state or the relevant federal circuit.