Immigration Delays Got You Down, Try this Trick for Help.

In previous blogs I have written about processing times.  As I stated, published processing times are the time in which 80% of cases will be decided.  That means 20% of cases will go outside of normal processing times.  This can be extremely frustrating if you get caught in this 20%.  Your case will be delayed without any known reason.  Our first line of defense when your case falls outside normal processing time, and it is past the inquiry date, is to make an inquiry to USCIS.  However, we do not always get a clear response or a response at all.  One option here, when you find yourself in this position, is to consider filing an immigration mandamus lawsuit.  A mandamus lawsuit is where you are asking the court to order the government to fulfill its duties and make a decision on the case.  But these are costly, and you do not necessarily want to take this action right away.  In my opinion, it should be an absolute last line of defense.  In this blog, I will write about another option, a congressional inquiry.

Did you know that your U.S. Congressperson or one of your Senators will look into your immigration case for you?  It doesn’t cost you anything, and they are usually very helpful.  Most of them have a form directly on their website that you can fill out and get help.  If you do not know who your Congressperson is, no problem, you can find out here.  Just enter the zip code where you reside.  Or, you can find your U.S. Senator here.  Each state has two U.S. Senators, so you can contact either one.

Now you know who to contact, what should you do?  Go to their website.  Most of them will have a tab that says “Services.”  Click that tab, and you should see another tab that says “Help With a Federal Agency.”  Click on that tab and almost always it will open a page that has an option for you to complete a privacy form.  In that form, you will generally give your information and tell them what you want them to do.  You will want to include your case Receipt Number, so that they can contact USCIS to ask about your case.

In my experience, they generally respond fairly quickly, and are very helpful.  So, in conclusion, if you are experiencing a delay and your case is outside normal processing time, first contact USCIS.  If you do not get an answer, then contact your Congressperson or Senator and ask for help.

My name is Matthew Larsen.  I am a South Dakota based U.S. Immigration Attorney.  I have over a decade of full time family based immigration experience.  I represent clients across the country and around the world.