Unreasonable Delay for Green Cards in Doraville
Waiting for United States Citizenship and Immigration Service (USCIS) to process a green card application can be frustrating. Your life might be on hold while you wait for an answer regarding your petition. When the agency is not responsive to a request for an update, you might become anxious and wonder what to do next.
An experienced green card attorney could help. If your family is facing unreasonable delays for green cards in Doraville, you have legal options worth exploring. Turning to the courts for assistance could force USCIS to process your application within a set timeframe.
Does USCIS Prioritize Certain Green Card Applicants?
The United States prioritizes visa applications from people who intend to make the US their permanent home. This includes immigrants applying for work visas offered to highly skilled individuals or sponsored by family members. However, this priority order could result in unreasonable green card delays or waits for some immigrants.
When an employer seeks an individual for a high-priority position, they could pay a fee to have USCIS prioritize visa processing for that person. In essence, paying the fee allows an applicant to cut to the front of the line, delaying visa processing for people whose employers did not pay extra.
USCIS prioritizes some family-sponsored visas over others. A mother whose adult child is sponsoring her is considered an immediate family applicant. USCIS will process her application before that of a sibling or grandparent. This could leave other family members waiting longer to hear back about their application.
Citizens and green card holders can sponsor family members to enter the US. However, family members with citizen sponsors have priority over those whose sponsors are LPRs.
A legal permanent resident can apply for US citizenship after living here for several years. If a green card holder becomes a citizen while a family member’s application is pending, they should notify USCIS. Once the sponsor has citizenship, their family member’s application has a higher priority. A knowledgeable lawyer from Doraville could help an applicant understand a delay for a green card and move them up on the priority list if possible.
Consider Mandamus if Delays for Green Cards Continue
An individual seeking a visa or status adjustment to become a permanent resident and get their green card could have a lot riding on the USCIS decision. They might be reluctant to commit to a life in the U.S. until they are confident that they will be permitted to stay.
A delay in deciding to issue a green card is unreasonable if it extends for years without an opportunity for the applicant to address the issue. In such cases, applicants could consider bringing a mandamus lawsuit to force USCIS to decide on a petition.
A Doraville attorney could explain the specifics of a mandamus suit, which requests a court order the USCIS to decide usually within 90 days. This option can effectively spur the agency to process an application and offer a quick and effective solution for applicants suffering harm due to an excessive delay for a green card.
Consult a Doraville Attorney About Delayed Green Card Applications
If your petition for lawful permanent residency has been pending for years, you do not have to continue to wait patiently. Although applicants must allow the process time to work, they could take legal action against excessive delays.
A local attorney could provide helpful advice if you have been affected by an unreasonable delay for a green card in Doraville. Schedule a consultation today.