Expediting Your Delayed Immigration Case – VIDEO
Sometimes an immigration case takes way too long, or seems to have disappeared into a “black hole.” Our Immigration Law firm can determine how best to address the problem.
Occasionally, we advise a client to do nothing, since a delay might be advantageous.
For example, if the immigration application you filed is permitting you to remain in the United States and to work, but you feel you have a weak case, maybe it’s better to let USCIS take a long time to decide it.
Most of the time though, one is not happy about USCIS taking too long to process.
Certain cases will always take a long time to complete. For example, a US citizen sponsoring an adult child is currently a 7 to12-year case. An employment-based application for an Indian national might take 10-15 years to complete. Unless Congress increases the immigration quotas there is nothing you can do about it.
Let’s discuss a case that is taking too long. There are a range of steps to take, in progressively more aggressive order:
Sometimes an attorney can cause USCIS to take action. In order to inquire about your case with USCIS, an attorney must file a Form G-28, notice of appearance. Otherwise, USCIS would not communicate with the attorney about your case.
Inquiries can be made online, in writing to, or by visiting USCIS.
If that does not work, the attorney can contact the office of the client’s Senator or Congressional Representative, asking them to inquire with USCIS. This is called a “congressional inquiry” and can be given preference by USCIS.
If none of these work, your attorney may involve the USCIS liaison from the American Immigration Lawyers Association. This aggressive action will sometimes bring about results in a stuck case.
Finally, in some instances, we recommend filing of a lawsuit with the federal court, requesting the Court to order USCIS to issue its case decision – the Court will not order USCIS to approve a case, but only to take action. This is an effective way to force government action. Only use it if confident the case will be approved.
Before taking advantage fof these more aggressive approaches, consult with a competent and accessible immigration attorney.