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

Angelica Rice • Dec 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.

Angelica Rice

Know Your Rights If You Are Participating in Protests

By Denice Flores • 02 May, 2024
The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.

New USCIS Policy regarding Expedite Requests

By Kris Quadros-Ragar • 18 Apr, 2024
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

New USCIS Asylum Program Fee for I-129 and I-140 Petitions

By Kyle Huffman • 11 Apr, 2024
As of April 1, 2024, USCIS has instituted an inflation adjustment to immigration application filing fees . These fee increases apply to a majority of the different application types, including family-based, non-immigrant, and immigrant petitions. As a part of these fee increases, USCIS has also instituted a new program designed to provide funding to the United States’ Asylum Program, in order to better address the massive backlog of pending asylum claims currently waiting to be adjudicated. Unfortunately, these changes have led to confusion among petitioners for when they are required to pay the Asylum Program Fee, and when they may qualify for a 50% or complete exemption from the fee. The Asylum Program Fee is required to be submitted by employers in all I-129 and I-140 petitions filed on or after April 1, 2024. The Asylum Program Fee is $600, however, certain exemptions apply . Small employers , defined as having 25 or fewer total employees, qualify for a reduction of the Asylum Program Fee, but are still required to submit a reduced fee of $300. Individual petitioners, or self-petitions, such as in the case of an EB-2 National Interest Waiver, are considered small employers for the purpose of the Asylum Program Fee and are also required to submit the reduced $300 fee. Non-profit organizations are exempted from the Asylum Program fee and are not required to submit any additional funds with the ordinary I-129 or I-140 filing fee. In addition, non-profits qualify for a 50% reduction of the ordinary filing fee in certain types of applications, bringing the overall filing fee burden down substantially for non-profit organizations. With these changes to USCIS’ filing fee schedule, USCIS is hoping for significant improvements to efficiency and processing for pending asylum applicants. If you or your petitioning organization need any assistance in preparing an application for an immigration benefit, including ensuring proper compliance with the new fee requirements, our office is ready and waiting to help!
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