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Even if you fill out every form and attach substantial evidence alongside your petition, getting any kind of response from U.S. Citizenship & Immigration Services—let alone a final approval of your application—can be a time-consuming and frustrating process. In the best-case scenario, successfully applying for a green card, visa, or anything else overseen by USCIS takes a long time, and many applicants find themselves waiting a year or more for a verdict.
If you have been waiting much longer than normal to hear back about your immigration application, you may want to contact a dedicated attorney and discuss your options for speeding things up. You have a right to reasonably fast processing of your request, and a Birmingham immigration delay lawyer could help you enforce that entitlement.
Delays should be expected when interacting with USCIS, and it is not uncommon for applications to remain in processing for anywhere from six months to two years. However, there are numerous reasons why it could take USCIS an unreasonable amount of time to finish processing a single application, ranging from slow-moving approvals from other federal agencies for things like background checks, missing information in an applicant’s petition, simple high volume or other internal processing mistakes.
Therefore, not hearing anything from USCIS about next steps several months may be a cause for concern, especially for individuals who have already completed in-person proceedings like biometrics screening or interviews. Anyone unsure about whether they have been waiting for an unreasonable length of time can check average processing times for their particular application on the USCIS website, or they can contact an immigration delay attorney in Birmingham to discuss their situation.
Sometimes, getting a delayed application moving again can be as simple as following up directly with the agency responsible for processing it. If an application has been shuffled into a pile on someone’s desk or otherwise briefly misplaced, this informal reminder can often kick things back into gear and get the application back on track.
In more serious situations, legal action filed under the Administrative Procedures Act might be the best option. Put simply, this piece of legislation establishes a mandate for federal agencies to complete tasks in a reasonable amount of time. Individuals subjected to unreasonable immigration processing delays may therefore have the option of filing suit against a particular delay for violating the APA.
This option is commonly referred to as a writ of mandamus, and if successful, can result in a federal court issuing an order to the agency in question compelling them to resolve the plaintiff’s case without further delay. As Birmingham lawyer could explain, though, obtaining such an order does not guarantee a positive verdict on the plaintiff’s immigration application, just that there will not be any more unreasonable delays in receiving a final decision.
Waiting for a decision from USCIS can be a less-than-ideal experience, especially if that decision could mean the difference between keeping your future plans on track and having to rework your entire life. Unfortunately, processing delays are all too common for people filing immigration petitions, and while there are means of formally challenging unreasonable delays, they are not simple to pursue.
Fortunately, you have help available from a Birmingham immigration delay lawyer who has handled similar situations before. Call today for a consultation with a dedicated team member.