Patience is a virtue, but it can be difficult to maintain when dealing with a pending immigration case. Your case may have been filed in a timely manner with all the required documents, but now the normal processing time has passed without any updates. Should you continue waiting patiently, or is it time to take action? If you find yourself in this situation, fortunately, there are steps you can take.
1 – Contact the USCIS
If you have visited the U.S. Citizenship and Immigration Services (USCIS) website and determined that your case has gone beyond the usual processing time, you can contact the agency through their main number at (800) 375-5283. Choose the option that allows you to speak directly with an agent. The agent will provide you with an update about your case and inform you of the next steps.
If your case is with the National Visa Center (NVC), you can contact them using the Public Inquiry Form available on their website. For cases at a U.S. consulate or embassy overseas, you should reach out to the specific office where your case is located using the contact information provided on their respective websites.
2 – Submit an Inquiry
Another method you can use to request action on your case is to submit an inquiry through the online tool provided by USCIS. Alternatively, you can send a letter to the USCIS address listed on your Receipt Notice to highlight the delay and explain why you need them to act on your case. However, if your case is still within the normal processing time, submitting an inquiry is not recommended unless you are facing an emergency and need to have the case processed on an urgent basis.
3 – Contact Your Representative
You can also contact your congressperson or the USCIS Ombudsman for assistance if your case is delayed. The congressperson’s office can write a letter to the USCIS on your behalf, which may help to expedite your case. Be sure to explain why your case needs urgent attention and provide the office with important details and documents to support your claim. The office will then reach out to the USCIS and highlight the delay in your case to encourage the USCIS to take action. After the letter has been submitted, the USCIS may take up to 30 days or longer to issue a response. Many people have found this to be a useful method.
4 – Writ of Mandamus
A writ of mandamus is an often-successful tool that you can use if your case has been pending beyond the stated processing time. This legal court order can be filed to petition a government agency or other party to act on a matter if they have been negligent. The writ should clearly explain the facts, state what you are seeking, and provide reasons for your request. Filing this petition will compel USCIS to issue a decision, and you may receive a response within 30 to 90 days. If you have attempted the previously mentioned steps and still haven’t achieved results, a writ of mandamus may be your last and best resort.
If your petition or application has been pending beyond the normal processing time, and you need a professional to fight on your behalf, contact U.S. Immigration Law Counsel for a strategy session.
