My Immigration Case Is Stuck: What Can I Do?

Waiting for a decision on your immigration case can be one of the most stressful experiences for you and your family. When months turn into years, that stress can feel overwhelming. At Kriezelman Burton & Associates, LLC, we understand your frustration and are committed to providing the legal guidance needed to move your case forward.

Here are some potential steps you can take to address a delayed case:

• Check Your Case Status: Regularly check your case status online through the USCIS portal.
• Make a Case Inquiry: If your case is outside normal processing times, you can submit an official inquiry to USCIS.
• Contact Your Congressional Representative: Your local congressperson’s office can sometimes make an inquiry on your behalf.
• Seek Legal Assistance: An experienced attorney can review your case and explore further options.
• Consider Legal Action: In some instances, filing a lawsuit may be the most effective way to compel a decision.

Why Is My Immigration Case Delayed?

This is often the first question we hear from new clients. Several factors can cause significant delays in the immigration process. These include large backlogs at U.S. Citizenship and Immigration Services (USCIS), which have grown in recent years. Additionally, your case might be delayed due to requests for more evidence, security checks, or simple administrative errors. Sometimes, a file gets misplaced or is not forwarded to the next processing stage correctly. Understanding the specific reason for the delay is the first step toward finding a resolution.

How Can I Expedite My Immigration Process?

While most cases are processed in the order they are received, you may be able to request an expedited review under specific circumstances. USCIS considers expedite requests for reasons such as:

• Severe financial loss to a company or person.
• Urgent humanitarian reasons.
• A compelling U.S. government interest.

Filing an expedite request requires substantial evidence to prove your situation meets the strict criteria. An attorney can help you determine if you qualify and assist in preparing a strong and persuasive request.

What Legal Actions Are Available When Facing Prolonged Delays?

When standard inquiries fail to produce results, it may be time to consider more direct legal action. One powerful tool is a “writ of mandamus” lawsuit. This is a legal action filed in federal court that asks a judge to order a government agency, like USCIS, to perform its duty and make a decision on your long-pending application.

For naturalization applications, federal law allows an applicant to file a lawsuit if USCIS has not made a decision within 120 days of the interview. For other types of cases, the appropriate time to file can vary. Filing a lawsuit often prompts the government to take immediate action on a case that has been stuck for years. Our firm has extensive experience with federal court litigation and can advise you on whether this is the right path for your situation.

Your Trusted Partner in Complex Cases

At Kriezelman Burton & Associates, LLC, our team of dedicated attorneys is here to offer the support and expert guidance you need. We have a proven track record of successfully resolving delayed cases through diligent inquiries and, when necessary, aggressive federal court litigation. You do not have to navigate this frustrating process alone.

If your immigration case has been delayed without explanation, contact our office today for a confidential consultation to discuss your options.