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T. v. Edlow U.S. District Court, Western District of Texas Filed October 19, 2026

After eight months of waiting on an H-4 extension and work permit, a federal lawsuit got an answer in eight days.

USCIS approved both applications on October 27, 2026, eight days after we filed and before the government ever answered in court. This is the story of that case, told from the court record.

This case on a calendar

  1. Early 2026Applications filed with USCIS
  2. More than 8 monthsWaiting at USCIS
  3. October 19, 2026, day 0Lawsuit filed
  4. October 20, day 1Assigned to a district judge
  5. October 27, day 8USCIS approves both applications
  6. November 3, day 15Notice filed, case closed

The 15 days in court, up close

Results may vary depending on your particular facts and legal circumstances. A mandamus lawsuit asks the court to require a decision. It does not guarantee approval.

Illustration: a phone and a work badge on a kitchen table at dawn, with a calendar and one circled date in the background
Illustration.

Most mandamus stories are about how long someone waited. This one is also about how quickly the answer came once they stopped waiting.

Early 2026 to October 2026

Eight months with no decision

Our client is an H-4 spouse from India, living in the United States while their spouse works here. In early 2026 they filed two applications together: Form I-539 to extend their H-4 status, and Form I-765 to renew their work permit.

Spring turned into summer, and summer into fall. The case status did not change. For an H-4 spouse, the work permit is not a formality: without it they cannot work, and every month of waiting is a month of lost income and plans on hold.

October 15, 2026

“Is waiting really the only option?”

Eight months in, our client contacted us. That is usually the moment people are told there is nothing to do but keep waiting.

But a federal court doesn’t judge a delay with a stopwatch alone. Under what are known as the TRAC factors, judges also look at what the delay is doing to a person’s welfare and livelihood. And a mandamus lawsuit (a request asking a federal judge to order an agency to act) does not ask the court to approve anything. It asks the court to require a decision.

We reviewed the file and filed the lawsuit four days later.

October 19, 2026, day 0

Asking a federal judge in Texas for an answer

We filed T. v. Edlow in the U.S. District Court for the Western District of Texas. The defendant was Joseph B. Edlow, the Director of USCIS, sued in his official capacity. The request was simple: require the agency to decide the pending applications, under the federal mandamus law, 28 U.S.C. § 1361.

The next day, the case was assigned to a district judge, and the court issued summonses for the USCIS Director, the U.S. Attorney and the U.S. Attorney General. In a lawsuit against a federal official, that is how the government is formally put on notice.

Illustration: the columns and steps of a federal courthouse, with one person walking up the stairs
Illustration. Not the courthouse where this case was filed.
October 27, 2026, day 8

The answer came before the government did

On day 8, USCIS approved both applications: the H-4 extension and the work permit renewal. By then, the government had not filed a single document in the case. It never had to explain the delay, because the delay was over.

After more than eight months at USCIS, the decision came eight days after the lawsuit was filed.

Illustration: an opened envelope, house keys and a work badge on a kitchen table in morning light
Illustration.
November 3, 2026, day 15

Closing the file

With the approval in hand, there was nothing left to ask the court for. On November 3, we filed a notice of voluntary dismissal. It told the court exactly why:

On October 27, 2026, 8 days after this action was filed, USCIS approved the applications. Plaintiff has therefore obtained the relief sought in the Complaint, and no further action by the Court is necessary.
Notice of Voluntary Dismissal, filed November 3, 2026

Because the government had not answered, that notice closed the case the day it was filed, 15 days after the complaint. No court order was needed, and the government never had to appear.

Looking back

From early 2026 to the day we filed: more than eight months at USCIS. From the day we filed to the day USCIS decided: 8 days. From filing to a closed case: 15 days.

The months of waiting were the long part. The lawsuit was the short one.

What this case shows, and what it doesn’t

What it shows

  • Stalled H-4 extension and work permit applications can move to a decision soon after a federal lawsuit is filed. Here, it took eight days.
  • The government does not have to answer in court for the case to end. Once USCIS decided, a short notice closed the case.

What it doesn’t promise

  • Filing isn’t right for every case. A delay can be found reasonable, and the facts decide.
  • A lawsuit asks the court to require a decision. USCIS decides the application on its merits, and no lawyer can promise approval.
  • One case is not a forecast. In our 2026 filings, the median time from filing to a USCIS decision has been about 30 days.

Results may vary depending on your particular facts and legal circumstances. Prior results do not guarantee a similar outcome.

See the paperwork for yourself

The dismissal notice we filed, with our client’s name and the case number covered.

Notice of Voluntary Dismissal

Filed November 3, 2026, docket #4

Name and case number covered View document

What we covered, and why

Our client’s name and the case number. The text of the notice, its date and the attorney’s signature block stay visible, because those are what show how the case ended.

Why we don’t link to the court record

Federal court records show a client’s full name. To protect our client’s privacy, we leave out the case name, the case number and the judge’s name, and we don’t link to the docket.

Arif Gozel, managing attorney at Gozel Law Firm PC

The attorney who filed T. v. Edlow

Arif Gozel, Esq.

Managing Attorney, Gozel Law Firm PC

Arif Gozel’s federal practice is built around one problem: immigration cases that have stopped moving. He prepared and filed this lawsuit himself, and every document the plaintiff filed in this case was filed and signed under his name.

His cases range from delayed work permits and marriage-based green cards to naturalization, investor petitions and visas held in administrative processing. For each one, he chooses the federal court with precedent, docket speed and case-type history in mind.

Federal lawsuits filed in 2026
More than 500
Federal district courts filed in
57
Admitted to practice
New York (2019), Maryland (2020), New Jersey (2023)
Works with clients in
English, Spanish and Turkish

Waiting on your own H-4 extension or work permit? Let’s look at it together.

Send us your receipt date and the end date on your card. Within 24 hours, we’ll tell you whether a federal lawsuit makes sense now, later, or not at all.

Flat $5,000 for a typical case, plus the $405 federal filing fee. Your current immigration attorney keeps handling the application.

Questions H-4 spouses ask us

Can I sue before USCIS’s posted processing time has passed?
Sometimes. Courts don’t look only at how long you’ve waited. Under the TRAC factors they also weigh what the delay is doing to your welfare and your finances. Whether that is enough depends on your facts, which is what the free review is for.
Will a lawsuit get my H-4 EAD approved?
No lawyer can promise that. A mandamus lawsuit asks the court to require USCIS to make a decision. The decision can be an approval or a denial; USCIS decides the application on its merits.
Will suing USCIS hurt my case?
The lawsuit does not change the standard USCIS uses to decide your application. It asks the agency to decide. If your file has weaknesses, a faster decision is not always a better one, which is why we review every case before recommending a lawsuit.
How long after filing does USCIS usually act?
It varies. In this case USCIS decided eight days after we filed. In our 2026 filings, the median time from filing to a USCIS decision has been about 30 days, and some cases take longer.

Sources: Federal court record, U.S. District Court for the Western District of Texas. Case name and number withheld to protect our client’s privacy.

Published November 2026. Last updated November 10, 2026.

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