It is normal to feel frustrated if you have waited for weeks, months, or years for a response on your immigration application. Delays are pretty normal with U.S immigration cases, though some delays are longer than others. If you feel your delay is absurd because you have been waiting longer than the others or more than the waiting period given by the USCIS, you can do something about it.
A longer-than-expected delay with an immigration application could result in frustration and financial and social loss. For instance, you could lose your job or essential benefits like life, medical insurance, and social benefits. Having an immigration attorney by your side is advisable to ensure the delay is due to unavoidable circumstances. But if you can do something to expedite the process, you could consider it to minimize the delay and keep the process moving.
Causes of Delayed Immigration Cases
Delays for immigration cases are, in most cases, inevitable. How long you wait for the immigration department's decision on a particular application depends mainly on your application and where you live. For instance, green card applications for young children and spouses of U.S citizens could take up to fourteen months for the government to approve the forms 1-130 applications. Remember that these applications only kick-start the process. Thus, it will take several more months or years to complete the application and have the spouses or children migrate to the U.S.
Also, green card holders that wish to take the next step of applying for citizenship can wait for up to two years after submitting forms N-400 before USCIS conducts interviews. After the interview, they could wait for several months before USCIS decides.
Thus, it is always good to anticipate delays like these when working with the U.S immigration department. However, some applications could take longer than usual. In that case, you need to follow up with your case to understand the cause of the delay and what you can do to speed up the process.
The immigration department always has so much on the table to handle. Though underfunded, it is a vast bureaucracy serving millions of applicants yearly. Applications are bound to take long before the department responds. Remember that immigration applications involve several processes before you can obtain proper documents to live or work in the U.S. An overwhelmed department will not perform as swiftly as one with minimal workload or enough staff handling the applications. Thus, immigration delays are inevitable.
Sometimes files and applications could be lost in the system and not go through the next step for processing. Remember that the immigration department receives millions of applications every year. Something could happen to your application along the way. If it gets lost in the system, you will not receive a response as soon as expected. You must follow it up with the department to keep the process moving.
Other times security checks on some applications take time to clear. The immigration department relies on third parties to process applications requiring security checks. For instance, if your application requires you to submit additional information for security purposes, like your biometrics, your application will be sent to another department for verification before the immigration department processes it. That could also cause a delay.
Your application could also delay if you have not submitted all the required documents. An incomplete application will be set aside until it meets all the requirements. In that case, you must send more documents and information for the immigration officials to process your application.
What To Do If Your Immigration Case Delays
The immigration department provides timelines within which an application is processed. You will find this information on their website. For instance, asylum seekers whose case is already in court can wait an average of 4.5 years for a judge to decide. You already know the average time you must wait to receive a response on an immigration application or petition, even before filing it. If the average time ends and the waiting time keeps increasing, you could be experiencing an extraordinary delay that you must look into. Although there is nothing much you can do to speed up the process of your application or petition, you could keep the process going by simply inquiring about it.
Also, you will know of any problem and solve it if an issue arises and your application cannot be processed. For instance, if your application requires additional information, the department will keep it aside until you provide all the required documents. You will know about this once you make an inquiry on your application and will be able to act on the matter to keep the process going. Here are some of the things you can do if your immigration case delays:
Checking the Status of Your Immigration Case
You will never know the status of your immigration case until you check it. Fortunately, you can do this online at your convenience. Remember that the immigration department is usually overwhelmed with applications and petitions. Thus, they cannot send timely status notifications to all applicants. You have to check the status of your application by yourself.
When you file a case with the USCIS, you are given a tracking number you can use to keep checking the status of your application through the U.S immigration website. You can also use your identification or the number on your receipt notice to track your application and determine its status.
You also can create an online account with USCIS to receive notifications in case there are updates on your immigration case.
If your case is progressing well, you will not need to do anything since there is nothing much to do to speed up the process. But if there are issues, you will know about them in time to solve them and continue waiting for the process to complete. For instance, if your application requires additional documents, you will receive a notification immediately. Providing the required documents will move the case to the next process, and the waiting period could be reduced.
Check The Processing Time for Your Immigration Case
Worrying about your immigration case taking longer than you expected is normal. But sometimes the waiting period is normal and not delayed. Immigration cases go through several processes before you can receive the final response or documents to allow you to live or work in the U.S. It is necessary to familiarize yourself with these processes and approximately how long it could take before you receive a response from the USCIS.
For instance, a marriage-based green card can take up to thirteen months to be processed. That is the average time given by USCIS for these types of applications. The time could be shorter or longer, depending on the requirements and your cooperation. If you have been waiting for a response on your application for ten months, you need to wait a little longer and only act if the answer is not coming within a few more months.
Obtaining a green card through asylum takes an average of fourteen months. If the immigration department handling applications like these are overwhelmed, you can expect your application to take a few months longer than fourteen. If you have been waiting for twenty months or even two years without a response, it could be time for you to inquire about the delay.
Send a Case Inquiry to the Immigration Department
If you believe that you have waited so long for a response from the USCIS and the waiting time is over, it is okay to send an inquiry regarding your case to the immigration department. You do not need to visit their offices as you can do this online at your convenience.
To do that, visit the USCIS online page, and click on e-Request. You will be required to provide the information needed to track down the status of your immigration case. The USCIS will respond through email, explaining what is happening to your immigration application or petition.
Fortunately, you are not limited to the number of case inquiries you can make. But, you can only make one inquiry after another within thirty days. If your case is delayed, you will click on the e-Request for issues outside standard processing time. Provide information that will enable USCIS to track your application or petition, including receipt number, A-number (if applicable), filed date, type of application or petition, and your email address.
You could also use the e-Request page to submit an inquiry if you did not receive a notification card or when your receipt notice has a typographical error.
Call The Immigration Department Regarding Your Immigration Case
You are also allowed to inquire into the status of your immigration case by calling the immigration department. When you make that call, an immigration officer will receive and answer your questions according to the information they can find on their website. The numbers to call are available online. Ensure you observe proper calling times depending on where you call the office.
When you call the immigration department, you first speak to a Tier-1 officer on the first level of immigration assistance. The officer can only provide general or non-specific information regarding your immigration case. But the officer will determine whether your case is regular or urgent.
If they decide that your case is urgent, you will receive a call from another officer (Tier-2 officer) within 72 hours. This officer can answer some of the specific questions you have regarding your immigration petition or application. If the officer establishes that your case is not urgent, you will receive another call within thirty business days. But if the matter is urgent, the officer will trigger the process to keep going so that you can receive a response in good time.
Submit an Assistance Request Regarding Your Case to a USCIS Ombudsman
The office of the USCIS Ombudsman helps petitioners and applicants resolve issues like delayed immigration cases with the immigration department. It is an independent office within the U.S Department of Homeland Security and not a part of USCIS. Thus, it will not make decisions regarding your immigration situation. But, the office can bring your matter to the attention of USCIS officers and make recommendations that could expedite your delayed immigration case.
But before seeking the assistance of the Ombudsman's office, you should contact USCIS first with your concern. Only seek the Ombudsman's service when you fail to receive the help you need from immigration.
To contact the USCIS Ombudsman's office, submit DHS Form 7001, an online form requesting the office's assistance. You could also email the form to the office or send a general email with your concerns. Provide your identifying details and copies of documents you could have sent or received from USCIS. You will also need specific information to complete the online form, like USCIS receipt numbers, A-numbers, and any other relevant document to the case.
Once you send the online form, the Ombudsman's office will review and act on it based on the issue and its urgency. You will receive an email from the office after that or a call from USCIS explaining the cause of the delay and what immigration is doing to resolve it.
Submit a Congressional Inquiry Regarding Your Case
A congressional inquiry could help if your immigration case is pending past its usual processing time. It entails seeking help from the Members of Congress, including the United States House of Representatives or a Senator in your place of residence.
Congressional inquiries regarding immigration cases are usually made through the Offices of Legislative and Intergovernmental Affairs. They are best for immigration cases that are yet to be approved. USCIS has adequate staff nationwide to respond to the department's many congressional immigrational inquiries every year.
But, it would be best if you only used congressional inquiries after you have exhausted all other avenues without success. When you inquire about this, ensure that the information you provide is well presented, with supporting documents regarding the case. Also, mention other methods you have used previously to inquire about and resolve your delayed immigration case.
When ready to make a congressional inquiry, visit your Congressperson's or Senator's website and send an online search. They will respond with a query about your pending immigration case. Typically, USCIS responds to inquiries like these within thirty days. You will find their contact pages online on the United States House of Representatives.
File a Legal Suit Against USCIS
An unreasonably delayed immigration case can cause incredible frustration and loss. If you believe that USCIS has unreasonably delayed your case, you could sue them in a civil court to expedite the process and receive a response sooner than later. To do that, you will file a writ of mandamus with a District Court in the area of your residence. It is a federal lawsuit that you can file against USCIS. It is a request you make to a court to order immigration to act on your case.
However, a positive response is not always guaranteed when you choose this avenue to resolve a delay in your immigration case. It is only a request compelling the department to decide on your immigration case. Even if you succeed in the lawsuit, USCIS can always provide an unexpected or unfavorable response. Remember that the department has total discretion to deny or grant your petition or application. Thus, your lawsuit could complicate the matter further.
Additionally, you will need the help of an immigration attorney to file a suit against USCIS. Lawsuits like these are difficult to handle by someone with no legal expertise. Your attorney will also advise you on the right time to file a suit when they are sure of a favorable outcome.
Note that you also need legal help when approaching all the abovementioned avenues. You stand a higher chance of success when working alongside a competent immigration attorney. An attorney will protect your rights and use the skills and experience acquired over the years to ensure that your case is moving and not lost or pending.
Find an Experienced Immigration Lawyer Near Me
Is your immigration case delayed, and are you worried about what to do to expedite the process?
Delays with immigration cases are inevitable. USCIS receives thousands of applications and petitions annually, making it challenging to process them as they come. But if you are experiencing an abnormal delay, you can make inquiries that could help you understand the cause of the delay and assure you that your case is still being processed. However, you are likely to receive a more favorable response if you engage the help and support of a skilled immigration attorney. We know of several attempts you can make to expedite your immigration case at California Immigration Attorney. We can also advise you on the right strategies to take that will not compromise your situation further. Call us at 424-789-8809 for more information and legal assistance.