Montgomery Immigration Delay Lawyer

The unfortunate reality of the immigration process is that delays are commonplace. Whether you are pursuing citizenship or a green card, the amount of time the United States Citizenship and Immigration Service (USCIS) takes to respond to your application could be unreasonably long.

An experienced immigration attorney could help you address these delays and get your immigration case moving in the right direction. Whether a delay is due to an issue on your end or a mix-up at USCIS, a Montgomery immigration delay lawyer could help resolve the situation quickly and effectively.

Common Causes of Delay in the Immigration Process

It is easy to become concerned when the immigration process begins to drag. Many people assume that a lengthy delay is a sign of a problem or a likely denial. While a delay can result from a mistake made by the applicant, they are frequently due to issues within USCIS. An immigration attorney in Montgomery could review an application and determine if the cause of a delay could be remedied.

Lack of Proper Documentation

In some cases, USCIS will delay their decision until they can obtain more information from the applicant. Unfortunately, there are instances where they do not relay that request for additional documentation in a timely manner. These delays could be resolved by providing USCIS with the information they need.

Internal Delays

Sometimes, the reasoning for a delay is simple: USCIS misplaced the applicant’s file. Delays could also be caused by a specific USCIS employee being understaffed and facing high application volume. The factors that result in delays in various workplaces throughout the country also regularly impact USCIS.

Complexity

A delay could also occur due to the complex legal issues involved in a case. Not every application for a visa is the same. In some cases, multiple individuals within USCIS will be required to assist with an application due to the unique legal challenges it provides.

Writs of Mandamus

There is a legal process that can help an applicant push USCIS to complete their review of an application, known as a writ of mandamus. The writ of mandamus asks a federal judge to require a federal agency to complete a task that they are required by law to undertake.

Writs of mandamus are rarely issued, but they are possible in a variety of cases, including visa applications or family-based immigration requests. The most important factor to consider is that not every delay will qualify for this action. The courts will only act if USCIS allows an application to remain unprocessed for an unreasonable period of time. Whether or not a delay is unreasonable or not is a question for the courts to determine.

An immigration delay attorney in Montgomery could not only advise on whether a writ of mandamus is an option but also initiate the legal action required to obtain one.

Enlist a Montgomery Immigration Delay Attorney As Soon As Possible

Ultimately, the reason your immigration application is delayed has little impact on your case. However, the steps you take in response to an unreasonable delay can be influential to the outcome of your case.