What Should I Do if My Case is Pending Too Long at USCIS?
If you’re waiting on a decision from U.S. Citizenship and Immigration Services (USCIS), you know how frustrating it can be when the processing times drag on far beyond the expected wait. It can feel like your life is on hold, whether you’re waiting for a work permit, green card, or a visa petition approval. The good news is, there are actions you can take to address delays, and in some cases, legal intervention may be necessary to get the ball moving again.
A common course of action for those facing lengthy delays is filing a Writ of Mandamus, a legal mechanism that can help force USCIS to take action on your case. If your case is pending longer than the standard processing time or you’re just frustrated with the wait, contacting a skilled immigration lawyer can make all the difference in speeding up the process.
Is Your Case Really Delayed?
Before taking action, your immigration attorney will check USCIS processing times for your specific form type and service center. These are available online at USCIS Check Processing Times. USCIS considers a case outside normal processing if it hasn’t been adjudicated after the listed timeframe and you haven’t received a Request for Evidence (RFE) or other case update within the past 60 days. In some instances, even if your cases is within normal processing time, legal action can be taken.
There are a variety of reasons why your case may be delayed at USCIS. The agency processes millions of cases every year, and each application goes through various steps before a decision is made. Common reasons for delays include:
- Backlogs: USCIS may be experiencing a high volume of applications, leading to delays.
- Missing or Incorrect Information: Errors in your application or missing documents can result in a request for additional evidence (RFE), which adds to the processing time.
- Security Checks: Some cases, especially those involving sensitive national security concerns, may require additional vetting and checks, which can take time.
- Change in Policy: USCIS processing times can be affected by new immigration policies, especially if there’s a shift in government leadership or changes to existing immigration laws.
- Unknown Reason: Often there is not a good reason for USCIS, which is why contacting an attorney to advocate for you is a good idea. Hiring an attorney lets the agency know that you are serious about your case and they must fulfill their duty to adjudicate your application within a reasonable period of time.
If your case is taking longer than expected and you confirm your case is outside normal processing times, consult with an immigration attorney about Writ of Mandamus.
What is a Writ of Mandamus?
A Writ of Mandamus is a federal court lawsuit against the agency designed to compel a government agency, like USCIS, to take action on a case that has been unreasonably delayed. If you’ve been waiting far beyond the usual processing time for your immigration application—whether for a green card, work visa petition, asylum request, or any other immigration benefit—and USCIS has failed to act, a Writ of Mandamus can prompt them to make a decision.
While a Writ of Mandamus cannot force USCIS to approve your case, it does require them to make a decision, either approving or denying your application. This legal action essentially asks the court to order USCIS to move forward and resolve your case. This can be a critical step when all other avenues, like routine inquiries or status checks, have failed to produce results.
When is a Writ of Mandamus Appropriate?
The Writ of Mandamus is typically used when USCIS has significantly delayed a case without a valid reason or when the agency has failed to act within a reasonable timeframe. USCIS processing times can vary depending on the type of application and the service center handling the case. However, if your case has been pending longer than the published processing times, or if USCIS has not responded to your inquiries, filing a Writ of Mandamus might be the next logical step.
The key factor in deciding whether to file a Writ of Mandamus is whether the delay is unreasonable. For example, if your case has been pending for months or even years, and USCIS has not provided a reasonable explanation, you may have a legal basis for filing this writ.
How Does a Writ of Mandamus Work?
A Writ of Mandamus is filed in federal court, and its purpose is to force the government to fulfill its duty. In the context of USCIS, this means requiring the agency to make a decision on your case.
- Filing the Complaint: Your immigration attorney in Philly will file a lawsuit in federal district court outlining the facts of your case and the unreasonable delay.
- Government has 60 days to answer the complaint: Once the complaint is filed and served on the Government, they have 60 days to answer the complaint. The U.S. Attorney representing the government will reach out to USCIS to inquire about the delay of your case, which is another way that USCIS learns you are serious about securing the immigration benefit.
- USCIS Action: USCIS will take a position on the lawsuit, communicated through the U.S. Attorney’s Office. Often, USCIS moves to complete the case within weeks or months – sometimes within the 60-day answer period after service of the complaint. USCIS may also contest the lawsuit, which clues you into why the case was delayed in the first place. Whatever occurs, the filing of mandamus results in some meaningful action being taken on your case to resolve the lawsuit.
How Hykel Law Can Help with a Writ of Mandamus
If your immigration case is stuck in limbo due to an unreasonable delay with USCIS, Hykel Law can provide the guidance and legal support you need. With years of experience in filing Writ of Mandamus lawsuits, Hykel Law is dedicated to helping clients address significant delays and push USCIS to take action.
We begin by thoroughly reviewing the details of your case to assess whether the delay is excessive or unjustifiable. We will determine if a Writ of Mandamus is appropriate, and offer alternative solutions if the suit is not ripe for filing.
If it is time to file Writ of Mandamus, our team will carefully craft a well-documented complaint that outlines the unreasonable delay and the harm it has caused. At Hykel Law, we understand how critical it is to resolve these delays so that you can move on with your life in the United States with certainty.
Step to Take if Your Case is Taking Too Long
If your immigration case is stuck at USCIS for too long, it’s essential to take action. A Writ of Mandamus may be the key to forcing USCIS to make a decision on your case. Hykel Law is here to assist individuals and businesses in resolving delays and navigating the immigration system efficiently. If you’re facing a significant delay or facing complications with your case, contact us today for experienced guidance and support.
