Lawyers For Federal Court Cases

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.