My Immigration Case Is Stuck: What Can I Do?
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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.
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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’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
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.
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