Top 4 Options if Your Immigration Case Is Delayed
Top 4 Options if Your Immigration Case Is Delayed
Few things are more stressful than waiting for an immigration decision that seems to go nowhere. Weeks turn into months. Months stretch on. With so much riding on the outcome, the uncertainty can feel unbearable. However, a delayed case doesn’t always mean a forgotten one, and you have more options than you might think.
When processing times go beyond what’s reasonable, a few steps may be able to help you move forward:
- Check your case status and verify normal wait times.
- Submit a case inquiry with USCIS.
- Request expedited processing.
- File a writ of mandamus petition with the help of an attorney.
At Hussain, Bendersky & Liston LLC, our immigration attorneys help clients in Illinois and across the nation to better understand their legal options in their immigration cases. Here are a few steps you can take when a case stalls.
Have You Checked Your Case Status Recently?
Start by checking your case status. Visit the USCIS Case Status page and enter your receipt number to see where things stand.
From there, compare your wait time against USCIS’s published processing times for your specific case type and field office. If your case is still within normal range, continued patience may be your best option for now. But if you’ve significantly exceeded the posted timeframe, it’s likely time to act.
Have You Submitted a Case Inquiry With USCIS?
If your case is outside normal processing times, you can submit a formal inquiry directly to USCIS. This can typically be done through their online inquiry tool. A case inquiry won’t speed things up automatically, but it can indicate that your case needs attention. In some situations, it may prompt a USCIS officer to take a closer look.
Which Cases Qualify for Expedited Processing?
USCIS allows applicants to request expedited processing under specific circumstances. These include:
- Severe financial loss to a company or individual
- Urgent humanitarian reasons
- U.S. government interests
- Clear USCIS error causing the delay
Expedite requests aren’t guaranteed, and USCIS evaluates them on a case-by-case basis. Making a case for expedited processing typically requires demonstrable merit and a need for urgency.
When Is It Time to File a Writ of Mandamus?
When all else fails, and your case has remained stuck, a writ of mandamus may be your most powerful tool. This is a federal lawsuit that compels a government agency (such as USCIS) to act on a case that has been unreasonably delayed.
Filing a writ of mandamus is a serious legal step. It requires working with an attorney who knows how to navigate federal court. But for many clients, it has been the move that finally granted a decision on their case.
Start Acting Against Immigration Delays
If your immigration case is delayed, you don’t have to wait and wonder. You can start by checking your case status and, from there, take action appropriately.
At Hussain, Bendersky & Liston LLC, we strive to offer the clear guidance and compassionate support you need in various areas of immigration law. If you’re ready to take action to move your petition forward, we’re here to help. Schedule a consultation with us today to discuss your case.
