What can I do if my Immigration Case is taking forever to process?

Angelica Rice • December 15, 2022

    COVID-19 has impacted many parts of our lives, and unfortunately this also includes the work of USCIS. Previously processing times were somewhat reasonable, but lately some cases are taking a year or more to process when the original processing time was much shorter. Even worse, some cases seem to have fallen completely off the agency’s radar and USCIS is not taking any action on them at all. What can you do to try and move your case along?


Call the USCIS contact center and place an inquiry about the status of your case

The USCIS contact number is 1 (800) 375 5283.


    If your case is outside of the normally posted processing times (meaning that it has been pending for longer than the posted processing time for your type of case), you can call this number, speak with an officer, and place an inquiry about what is holding up the processing of your case.


  • Submit an Ombudsman Request


    If the USCIS inquiry does not work, you can place an Ombudsman Request. The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS). Ombudsman Requests usually receive a response within a few weeks or months of being submitted.


https://www.dhs.gov/topic/cis-ombudsman/forms/7001#no-back


  • Contact a Congressional Representative

    If submitting an Ombudsman Request does not work, you can contact your local congressional representative for your district and request their assistance with your immigration case.


    The first step for congressional assistance is finding the name and contact information of the congressional representative from this website – www.house.gov. At the top right section of the screen there should be a prompt that says “Enter your zip code.” Once your zip code is entered, your representative's name and contact information should appear.


    Their contact information is usually an email address and a phone number, although email is generally preferred. Once the congressional representative has been contacted and the situation is explained, the congressman would inform you of any form or document that needs to be submitted. If an expedite request is being filed through the congressional office, the documents proving the reasons for expedited processing will be required by the congressional office.


    One of the general forms that is required for all inquiries with the congressional representative is the privacy waiver. A congressional office cannot contact the USCIS regarding an immigrant application without the permission of the applicant. This waiver would give them the permission to access the application and information that the USCIS has. Consequently, a privacy waiver needs to be filled out which will require: information about the case, the USCIS case number, general identification information, a summary of the issue, efforts taken to solve the issue, and any other key documents. This waiver would allow the congressman to provide updates about the application at hand.


    From that point on, the congressman should be able to guide the applicant in the right direction for any updates or additional documents that are required. The USCIS typically resolves cases within 30 days of the request sent by the congressional office whether that be through email or written correspondence.


  • A last resort: File a Writ of Mandamus Action


    In immigration, a mandamus is generally a civil lawsuit against the United States Citizenship and Immigration Services (USCIS) in Federal Court.

This lawsuit asks the court to compel the immigration agency to make a decision on the immigrant plaintiff’s application or petition.

In addition to USCIS, the injunction also allows you to file a lawsuit against other US agencies, such as:


- The Federal Bureau of Investigation (FBI);

- The Department of Homeland Security (DHS), and

- US consulates or embassies.


    The injunction can be used in cases where there has been an unreasonable delay or an illegal withholding of action.

    This type of action should be considered as a last resort, after other means have been fully explored.


    I order to decide if one of these options is right for you, please contact our office and consult one of our highly experienced immigration professionals today!


This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

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Angelica Rice

DHS Final Rule Eliminating “Duration of Status” (D/S): Practice Tips and Transition Procedures

By Juliana LaMendola • September 3, 2026
The Department of Homeland Security (DHS) published its final rule eliminating the longstanding "duration of status" (D/S) policy for F, J, and I visa holders, replacing it with a fixed period of admission effective September 15, 2026. This rule requires that those who need additional time to complete their programs must file Form I-539 with USCIS or travel abroad and seek to reenter to extend their authorized period of stay. F and J visa holders present in the U.S. and in valid status on September 15, 2026, will be allowed to remain in the United States until the Program End Date listed on their current Form I-20 (for F-1s) or Form DS-2019 (for J-1s), up to a maximum of four years (until September 15, 2030) plus a 60-day grace period for F-1s and a 30-day grace period for J-1s, without filing an Extension of Status request with USCIS. However, this safety net only applies while staying in the U.S.; international travel and subsequent reentry after September 15, 2026 will result in readmission under the new rule with an I-94 that expires on the Program End Date or Employment Authorization Document (EAD) expiration, but no later than four-years after their date of re-entry. Additionally, once re-admitted under the new rules, F-1s will only receive a 30-day grace period. Immediate Practice Tips: Any F-1 or J-1 nonimmigrant currently in the U.S. who plans to change programs, start a new degree level, or needs more time to complete their studies must work with their school or program sponsor to update their SEVIS record and receive an extended Form I-20 or DS-2019 before September 15, 2026. Eligible F-1 students should submit their post-completion OPT or STEM OPT work authorization applications (Form I-765) before September 15, 2026, to secure their status and drastically reduce the likelihood of needing a Form I-539 extension application. Any F-1 student who is eligible to apply for OPT or STEM OPT before March 18, 2027, should do so as soon as they are eligible to file their Form I-765. Since F-1s can file OPT applications up to 90 days in advance of graduation, F-1 students graduating before June 15,2027, should be able to file their OPT applications before March 18, 2027, and should do so to avoid also having to file Form I-539 to extend their stay. Thus, most F-1 students graduating in December 2026 and May/June 2027 should be able to take advantage of the transition rule’s delay in having to file Form I-539 applications and should only need to file Form I-765 to apply for OPT. Incoming F-1 and J-1 students who can enter the United States before the September 15, 2026 effective date (within the permissible 30-day window prior to their program start) should do so to benefit from the transition rules, including the full 60-day F-1 grace period and deferred extension requirements. Students (F-1 and J-1) who are planning international travel should return before the effective date if possible to preserve their transition benefits.  There are many parts of the rule that are not discussed here. If you are currently an F-1 or J-1 visa holder, you should proactively coordinate with your institutions and international office to protect your status and stay informed.

USCIS Issues Updated Guidance on Public Charge Rules

By Kris Quadros-Ragar • August 27, 2026
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance detailing how officers will evaluate "public charge" inadmissibility for individuals applying for green cards through adjustment of status. This update follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The new policy takes effect on September 18, 2026 , and applies to all green card applications (Form I-485) postmarked or submitted on or after that date. Who Is Subject to the Public Charge Rule? Most family-based and employment-based green card applicants will be subject to the public charge ground of inadmissibility. This includes spouses, children, and parents of U.S. citizens or legal permanent residents, as well as most employment visa preference categories, investors, and diversity visa applicants. Certain categories remain explicitly exempt under immigration law. These include: Asylees and refugees Victims of human trafficking (T visa) or crime (U visa) Violence Against Women Act (VAWA) self-petitioners Special Immigrant Juveniles Temporary Protected Status (TPS) applicants Certain military-related applicants and other designated humanitarian groups How USCIS Will Make Determinations USCIS officers will evaluate whether an applicant is likely to become a public charge by reviewing the totality of their circumstances on a case-by-case basis. Key factors include: Five Statutory Factors: Age, health, family status, assets/financial resources, and education or skills. Affidavit of Support: Submission of Form I-864 executed by a sponsor. Use of Public Benefits: USCIS will look at means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps (SNAP), or college financial aid. Note on timing: For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, the broader consideration of all listed means-tested benefits will apply. Public Charge Bonds If an officer determines that an applicant is inadmissible solely on public charge grounds, USCIS may issue a Notice of Intent to Deny that invites the applicant to post a public charge bond using Form I-945. If an invited applicant successfully posts the required cash or surety bond, USCIS may approve the application for permanent residence. Public charge bonds can only be submitted if explicitly invited by USCIS. Santos Lloyd Law Firm will continue to monitor immigration developments closely and provide updates as further implementation details are released. For more information, please access: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination

DHS Drafts Proposal to Remove the 60-Day Grace Period for Select Nonimmigrant Visa Holders

By Kris Quadros-Ragar • August 20, 2026
The Department of Homeland Security (DHS) is considering a regulatory proposal that would remove the discretionary 60-day grace period currently available to certain nonimmigrant visa holders (including H-1B, L-1, TN, E, and O-1) and their dependents. The draft rule is currently undergoing interagency review by the Office of Management and Budget (OMB) and has not yet been formally published for public feedback. What This Means Right Now Nothing changes today. The 60-day grace period remains in effect while this rule goes through the approval process. Under current rules, if your job ends early, you have up to 60 days (or until your I-94 expires) to leave the U.S., find a new sponsor, or apply to change status. What Could Change If approved, foreign workers who lose their jobs would no longer get automatic time to find a new employer or change status from within the U.S. They would generally be required to leave the country immediately. Next Steps Once the OMB finishes its initial review, the proposed rule will be published in the Federal Register, opening a public comment period of 30 to 60 days. Based on feedback received during this time, DHS may decide to alter, withdraw, or proceed with the proposal. If the government decides to finalize the rule, the entire process will likely take several months before taking effect. Santos Lloyd Law Firm will continue to monitor developments closely and will share updates on our immigration blog and social media pages as more details emerge.
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