Waiting a long time for an Immigration Benefit?
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Often the wait times for immigration benefits are incredibly long. This is especially frustrating for people who are in a state of limbo while waiting for their applications to be adjudicated. Often these people are unable to travel out of the country or even work legally while they are waiting for some action by USCIS. These waits are especially maddening when combined with the long wait times for visa numbers to become available for Family or Employment based Green Card benefits.
There are a few ways to attempt to find out from USCIS the status of an immigration benefit that was filed with their office. First, before even inquiring into a case, you can examine the processing times for different types of applications on the USCIS website. Often, USCIS will not attempt to speed up the processing of a case that continues to be within their normal processing times. If there are emergencies which would warrant asking USCIS to expedite a case, such as a child turning 21, USCIS may be inclined to accelerate the processing, but otherwise it is difficult to get them to do so.
Once a case is outside of the normal processing time, there are a few avenues which someone can take to attempt to speed up the processing. First, a person can schedule an infopass appointment with USCIS at their local office. At an infopass appointment, a person can speak with an Immigration Information Officer who will attempt to check the status of their case. That officer can usually explain to them where their file currently is being processed. If the file is at the local office, the officer can make a note on the file letting the supervisor know that the case is beyond the normal processing times. These officers usually are not able to find out the reasons a case is delayed but they can attempt to at least flag the file. When a file is flagged it informs supervisors that a case is beyond the normal processing time.
Second, a person can contact the National Customer Service Center. The number for the National Customer Service Center(NCSC) is 1-800-375-5283. Often at the NCSC, the operators can provide a caller about the same amount of information which they would be able to obtain at a normal infopass appointment. If a case is still at one of the National Processing Centers, rather than at the local office, it makes more sense to call the NCSC because they can communicate more effectively with those processing centers to let them know a case is beyond the normal processing time.
Sometimes none of the administrative options provided by USCIS allow a person to expedite their case. They are told by USCIS that their case is being processed and nothing more. That is when a person can seek to file a Petition for Writ of Mandamus in Federal District Court. A Writ of Mandamus asks a Federal Judge to order the government to do something. In this case, a person would be asking the Judge to order USCIS to adjudicate the application. It is not an order asking for a favorable decision on the application; it is merely asking USCIS to make some decision. A Writ of Mandamus can be filed in many different types of cases.
If you wish to learn more about the different ways to either check on the status of a case or try to expedite a case, please contact our office for a consultation.
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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
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