How Can You Resolve Security Check or Background Check Delays?

Waiting for a decision on your immigration case can be a stressful experience, and a delay caused by a pending security or background check only adds to the uncertainty. At Kriezelman Burton & Associates, LLC, we understand your concerns and provide the assured legal guidance needed to navigate these frustrating situations. While security checks are a standard part of the process, prolonged delays can and should be addressed.

Here are key strategies for resolving these delays:

• Proactive Case Monitoring: Regularly check your case status and published processing times.
• Formal Inquiries: Submit official inquiries to U.S. Citizenship and Immigration Services (USCIS) once your case is outside normal processing times.
• Congressional Assistance: Seek help from your local U.S. Representative or Senator’s office.
• Legal Action: Consider a Writ of Mandamus lawsuit to compel a decision from the government.

Understanding Security and Background Checks

When you file an application with USCIS, your information is sent to various federal agencies, including the FBI, for background checks. This process, known as the Interagency Border Inspection System (IBIS), is designed to identify any national security or public safety concerns. While most checks are completed quickly, some cases are flagged for additional review, leading to significant delays. This can happen for many reasons, such as having a common name, an incomplete record, or a random flag in the system.

Steps to Address a Delayed Case

If your case seems to be stuck in a background check, you have several options. The first step is to confirm that your case is truly outside the normal processing time, which can be found on the USCIS website. Once it is officially delayed, it is time to take action.

An initial step is to make a formal inquiry with USCIS. This can be done online or through the USCIS Contact Center. While this does not always resolve the delay, it creates a record of your attempt to seek information. If direct inquiries are unsuccessful, another effective strategy is to contact the office of your local congressional representative. Their staff can make an inquiry on your behalf, and a request from a congressional office can often prompt a response from the agency.

When to Consider Legal Action

If months pass with no progress after making inquiries, a more forceful approach may be necessary. A Writ of Mandamus is a lawsuit filed in federal court that asks a judge to order a government agency to perform its duty, in this case, to make a decision on your long-pending application.

Filing a Mandamus lawsuit is a significant step, but it is often the most effective tool for breaking through administrative gridlock. The goal is not to have the court approve your case, but to force USCIS to complete the adjudication process. In many instances, the government will settle the case and issue a final decision rather than litigate the matter in court. An experienced immigration attorney can evaluate your situation and determine if a Mandamus action is the right strategy for you.

Navigating these delays requires professional guidance and a proactive approach. The legal team at Kriezelman Burton & Associates, LLC, provides the trusted support you need to resolve your immigration challenges. We are prepared to use every available tool to move your case forward and fight for the decision you deserve.

If your immigration case is facing unreasonable delays, contact Kriezelman Burton & Associates, LLC, today.