Even if you go into the process with all the information and documentation you need for a successful application, seeking a travel visa, legal permanent resident status, or U.S. citizenship from United States Citizenship and Immigration Services can be a frustrating and time-consuming ordeal. Thanks to extreme backlogs in application processing, it can take anywhere from months to years to get an answer from USCIS regarding your application in particular.
If you have been waiting for an unreasonable amount of time for clarification on the status of your immigration case, you may want to consider talking to a Huntsville immigration delay lawyer about your legal options. A qualified immigration attorney could help you understand what might be causing the delay in your situation and work with you to resolve any issue that is holding your application back. En español
When Does a Delay Become Unreasonable?
Since it generally takes USCIS a great deal of time to process applications even in the best of times, the point at which a delay is significant enough to warrant legal action takes a lot longer to come around than most applicants would likely prefer. For example, according to the USCIS itself, someone who applies for legal permanent residence can expect to wait a minimum of seven months for their application to be fully processed, so a delay may not be considered “unreasonable” until several years have passed since the initial filing date.
Fortunately, there are other means outside of legal action through which an application can determine where they are in USCIS’s processing queue and what stage of processing their application has reached. If an application has had a case number assigned to it, for instance, applicants should be able to check on its status online through the USCIS website.
However, if USCIS has lost an applicant’s file somewhere within its labyrinthine processing system, or if they are stuck waiting for the Federal Bureau of Investigation to finish a background check, delays can drag out for years or even indefinitely. In this kind of situation, it may be time to speak with a Huntsville immigration delay attorney about alternative means of addressing a serious delay.
Pursuing a Writ of Mandamus
Under the Administrative Procedure Act passed in 1946, agencies of the federal government must complete tasks that Congress assigns to them within a reasonable time. Accordingly, if USCIS lets an application go unprocessed for an unreasonable length of time, aggrieved applicants may file suit against that agency for violating this aforementioned Act.
This type of lawsuit—referred to as a writ of mandamus—is technically a request for a federal court to compel action by a federal agency, which in this situation would mean ordering the USCIS to expedite the processing of a particular application. In extreme situations, an immigration delay lawyer in Huntsville could help an applicant pursue a writ of mandamus over delays in processing naturalization applications, lawful permanent resident (Green Card) application, or even applications for spouse-based visas.
Seek Help from a Huntsville Immigration Delay Attorney
Unfortunately, virtually anyone who files an application with United States Citizenship and Immigration Services can expect a lot of time to pass before they get an affirmative answer regarding their application’s status. However, if a delay in the processing of your application has dragged out for months or years without any clarification from USCIS, you may need to take matters into your own hands if you want to get your application moving again.
A Huntsville immigration delay lawyer could explain your legal options and help you take the right course of action for your unique situation. Schedule a consultation by calling today.
