With recent administrative changes, processing times for some applications at the US Citizenship & Immigration Services (“USCIS”) have seen significant delays. USCIS is the sole agency authorized to adjudicate requests for immigration benefits. However, USCIS cannot subject applicants to “unreasonable delays”. Those who’ve been waiting can safely approach the United States District Court to ensure fair adjudication of their cases.
To obtain immigration benefits like a green card or US citizenship, one must file applications with the USCIS. Delays in processing can restrict individuals’ ability to travel and find new employment.
US federal agencies are mandated to act on applications within a “reasonable time.” What’s deemed “reasonable” depends on various factors, including average processing times for similar applications. Currently, USCIS takes over a year to process an I-140 Petition for Immigrant Worker, which can be challenging for those with limited time left on their current status.
In Los Angeles, basic application interviews are typically scheduled within 6-8 months of filing. However, many cases aren’t approved for months post-interview. While USCIS attributes delays to security clearances and fingerprint checks, these electronic checks shouldn’t take more than 60-90 days.
Years ago, a policy revision was made, allowing for final decisions on certain applications to be made within 180 days of receipt. This policy aligns with Congressional mandates and reduces waiting times for most cases.
CIS initiates background checks for adjustment of status applications. If an application is pending for over 180 days and is otherwise approvable, CIS will issue the green card without waiting for background check results. However, if the background check reveals potential ineligibility, further actions may be taken against the applicant.
For N-400, Applications for Naturalization, all background clearances must be obtained before adjudication. If an applicant hasn’t received a decision 120 days post-interview, they can seek intervention from a US District Court Judge.
For Naturalization, if no interview is scheduled within six months, one can request a Federal Judge to mandate USCIS to schedule it. Post-interview, the Immigration & Nationality Act requires USCIS to make a decision within 120 days. If not, the applicant can request a Federal Judge to decide.
Whether seeking Federal Court intervention is appropriate depends on individual circumstances. If you feel your case has been pending unreasonably long, consider seeking legal advice. Contact us or call at 866-227-5527 for assistance.
Contact the Experienced Los Angeles Immigration Lawyer at Hanlon Law Group, P.C.
The trusted Los Angeles immigration attorney at Hanlon Law Group, P.C. is waiting to speak to you, find out more about your immigration needs, and explain your options. Having handled countless professional visa applications for foreign professionals and U.S. employers, our lawyer has the experience and insight you can count on for exceptional service and representation.
Our experience, skills and dedication to our clients are backed by the following, which all of our clients can expect to receive:
Free & Confidential Initial Consultations
You don’t have to pay us anything to discover more about how we can help you and what you need to do to resolve your employment-based immigration needs.
Continuity of legal representation
The attorney at Hanlon Law Group, P.C. will oversee your case from start to finish. This can provide peace of mind that your case will not be passed off to a non-lawyer associate, or to someone who is not intimately familiar with your case.
State-Of-The-Art Case Management Technology
Our cutting-edge system facilitates the visa petition process, while providing clients with real-time case information about the status of their petition, PERM certifications, etc.
Personal Attention From Lawyers & Staff
We take pride in providing old-fashioned, personal service and promptly responding to our clients’ inquiries and immigration needs whenever they arise.
Flexible payment options
We accept all major credit cards. Payment plans may also be available.
Multilingual Immigration Services
We provide immigration services in various languages, including (but not necessarily limited to) Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog, and Fukienese.
Call (866) 227-5527 or email us via the contact form to learn more about our experience and services, as well as how we can help you.
Ready to talk?
Hanlon Law Group, P.C. is ready to help you with all your immigration & nationalization legal needs. Contact us now for the help you need & deserve.