It can feel disheartening when you believe you have jumped through every hoop in the immigration process and are still waiting for a response. If you have been dealing with the United States Citizenship and Immigration Service (USCIS) on your own, it might be time to call a legal professional.
A capable attorney in your area may be able to effectively guide you through the immigration delay litigation process. You may have legal recourse if you have been ignored by USCIS for an unreasonable amount of time.
How to Submit a Case Inquiry with USCIS
USCIS offers electronic methods for obtaining information about the status of an immigration case. The service indicates that it is actively processing a case if any of the following happened during the last 60 days:
What Needs to Be Filed for Immigration Delay Litigation
Potential beneficiaries, who have been wronged by undue delay of their citizenship or immigration status, may seek a federal remedy.
Writ of Mandamus
Under federal law, a petitioner may institute proceedings for a writ of mandamus to compel USCIS to perform its duties. Mandamus litigation proceedings, per Rule 21 of the Federal Rules of Appellate Procedure, must be filed with the United States District Court that is housed in the state.
A writ application must state the facts of the case, the relief being sought, and the reasons why it should be granted. It might be beneficial to seek the counsel of an experienced immigration lawyer during this legal process.
Petition for Naturalization
Individuals who have already filed their Form N-400 and completed their citizenship interview might also have standing for immigration delay litigation. After 120 days have passed since the citizenship interview, a noncitizen may file to seek the assistance of a federal judge.
During this process, an applicant may have their case brought to federal court. During federal proceedings, a judge might grant or deny citizenship. Another option for the court is to send the case back to USCIS with an order to expedite the case’s processing.
How to Get Immigration Delay Help
If you are experiencing an unreasonable delay in your immigration process, it might be helpful to contact an attorney near you.
A legal professional might be able to explain the immigration delay litigation process in more detail during a face-to-face consultation.