What to do if USCIS delays your case?

Waiting for a decision on your immigration application can be one of the most stressful experiences for individuals and families. U.S. Citizenship and Immigration Services (USCIS) processes millions of applications each year, but due to backlogs, staffing shortages, or errors, cases often take far longer than expected. Delays can disrupt your plans for work, travel, education, or even family reunification.

Understanding why USCIS delays occur and what actions you can take is crucial. With the right strategy—and the support of experienced attorneys like those at Accura Immigration Law—you can protect your rights, avoid unnecessary waiting, and ensure your case receives the attention it deserves

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Why Do USCIS Delays Happen?

Delays in immigration cases are common and can happen for multiple reasons:

1. High Case Volumes – USCIS faces a massive number of petitions and applications each year, leading to backlogs.

2. Staff Shortages – Limited officers and resources cause processing times to increase.

3. Background Checks – Security and fingerprint checks sometimes take months or even years.

4. Requests for Evidence (RFEs) – If USCIS believes your file is incomplete, they pause the process until you respond.

5. Policy Changes – Immigration law and policy frequently change, creating sudden surges or bottlenecks.

6. COVID-19 Pandemic Effects – The pandemic caused closures, further delaying thousands of cases.

Knowing these causes helps you better understand what steps to take next.

When Is a USCIS Delay Considered Unreasonable?

USCIS publishes average processing times for each form type. While some delays are normal, unreasonable delays happen when:

• Your case exceeds the posted average time.

• You face urgent situations (work, family, or medical issues).

• USCIS provides no updates after repeated inquiries.

If your case is far beyond the usual processing window, you may have strong grounds to escalate.

Options if USCIS Delays Your Case

1. Check Case Processing Times

Your first step should be to review USCIS’s official processing times tool. Compare your filing date with current averages. This helps you determine whether your case is truly delayed or within normal timelines.

2. Submit an Online Case Inquiry

If your case is outside normal processing, you can submit a “case inquiry” online. This notifies USCIS that you are waiting beyond the expected time and requests a status update.

3. Call USCIS Contact Center

Speaking directly with USCIS officers allows you to check the status and possibly escalate your case. Document every call for your records.

4. Request Help from Your Congressperson or Senator

Members of Congress can contact USCIS on your behalf. While they cannot guarantee approval, congressional inquiries often speed up stalled cases.

5. Submit an Ombudsman Request

The USCIS Ombudsman’s Office is an independent body that helps resolve case delays. Filing a request may push USCIS to review your case more quickly.

6. Respond Promptly to RFEs

If you receive a Request for Evidence, respond quickly and thoroughly. Delays often stem from missing or incomplete documentation.

7. Expedite Your Case

Certain cases qualify for expedited processing if you can show severe financial loss, urgent humanitarian need, or U.S. government interests. An attorney can help you file an expedite request.

8. File a Writ of Mandamus

If all else fails, you may file a federal lawsuit against USCIS called a Writ of Mandamus. This compels USCIS to act on your case. While it doesn’t guarantee approval, it forces a decision.

Risks of Waiting Too Long

Many immigrants hesitate to take action because they fear upsetting USCIS. However, waiting too long can cause serious consequences:

• Work Authorization Delays: You may not be able to legally work while waiting.

• Travel Limitations: Pending applications may prevent international travel.

• Family Separation: Delays in green cards or visas can keep families apart for years.

• Missed Opportunities: Employment offers, education, and investments may be lost.

Taking proactive steps ensures your rights are protected.

Role of Immigration Attorneys in Delayed Cases

Dealing with USCIS delays on your own can be overwhelming. Immigration attorneys have the knowledge and experience to:

• Review your case for errors or missing evidence.

• Draft compelling expedite requests.

• File complaints with USCIS Ombudsman.

• Contact congressional offices effectively.

• Pursue litigation (Writ of Mandamus) when necessary.

By working with an attorney, you not only save time but also strengthen your case against unnecessary delays.

Case Study: A Typical USCIS Delay Situation

Consider a family who applied for adjustment of status. USCIS’s posted time was 12–15 months, but after 30 months, they still had no decision. The family contacted USCIS multiple times but received only standard replies. After hiring an attorney, the lawyer filed an Ombudsman complaint and prepared a Writ of Mandamus. Within four months, USCIS finally adjudicated the case.

This example shows how persistence and professional help can make a difference.

Frequently Delayed Applications

Some immigration applications are more prone to delays, including:

• Green Card Applications (Form I-485)

• Naturalization Applications (Form N-400)

• Work Permits (Form I-765)

• Travel Documents (Form I-131)

• Asylum Cases (Form I-589)

• Fiancé(e) Visas (Form I-129F)

Knowing your form type can help predict potential delays.

Steps to Protect Yourself During Delays

While waiting, it is important to:

1. Keep copies of all applications and receipts.

2. Track deadlines and expiration dates for work permits.

3. Avoid international travel without proper authorization.

4. Keep your address updated with USCIS.

5. Maintain lawful status if possible.

Taking these measures prevents complications while your case is pending.

Emotional and Financial Impact of USCIS Delays

USCIS delays don’t just affect paperwork—they affect lives. Families face uncertainty, jobs are put on hold, and individuals suffer anxiety while waiting. In some cases, people lose opportunities because of expired documents or pending decisions.

Recognizing the emotional toll is important. Legal support can reduce stress and provide reassurance during this difficult process.

About Accura Immigration Law

At Accura Immigration Law, we know how frustrating it is to wait endlessly for a USCIS decision. Our experienced attorneys have helped clients navigate delayed cases, whether through case inquiries, expedite requests, congressional assistance, or litigation.

We approach every case with compassion and dedication, tailoring strategies to fit each client’s needs. Whether your case involves a green card, naturalization, asylum, or work authorization, our team is committed to protecting your rights and moving your case forward.

Conclusion

Delays at USCIS can leave you feeling powerless—but you do have options. From submitting inquiries and expedite requests to seeking congressional help or filing a Writ of Mandamus, there are multiple steps to take when your case is stuck.

The most important action is not to remain silent. By working with skilled immigration attorneys like those at Accura Immigration Law, you can take control of your case, reduce stress, and ensure your application receives the attention it deserves.

While USCIS delays are often beyond your control, the way you respond to them can shape the outcome of your immigration journey. Don’t wait—take action today