If you are experiencing delays with your immigration case, there is probably no cause for worry. Delays with visa applications, immigration petitions, and other similar applications are not unusual. Some people experience longer delays than others, depending on the nature of their applications and individual cases. Some reasons for the delay are not personal. Others will require your personal attention. But an experienced immigration attorney can help track the status of your application, make inquiries on your behalf, and then advise you on the way forward. Let us look at some of the reasons it could take time before the immigration department responds to your petition and what you could do to speed up the process.
Some Immigration Delays are Inevitable
Have you waited months or even years for a response on an application you made to the immigration department?
Delays for applications like visas, green cards, and similar petitions sometimes take longer than expected. It can be frustrating to the applicant, especially if you do not know the cause and what to do to speed up the process. However, delays like these are experienced by the majority of applicants, not just one or a few cases. But it helps to learn how to monitor your case to determine the cause of the delay and then choose a way forward. That would be easy with the help of a competent immigration attorney.
Delays in the U.S immigration department occur due to various reasons, depending on your case and where you live. For instance, U.S applicants seeking green cards for their spouses and children can wait for up to fourteen months before the government approves their 1-130 petitions. Remember that this is the approval you need to start the entire process. Thus, it does not mean you will automatically receive a green card after fourteen months. Approving 1-130 petitions only gives you the go-ahead to proceed with the application process. It means more delays and could take you years for the final approach to complete.
Immigrants with a green card who wish to proceed to the next step to apply for citizenship can wait for up to two years before USCIS interviews after filing their N-400 applications. After the interviews, they can wait months before USCIS decides. If USCIS requested more documents or more questions came up during your interview, the waiting time could be even longer. If required to submit more documents, do so within a reasonable time to avoid long waits.
Immigrants seeking asylum in the United States can wait up to four and a half years for the final decision after going through all court processes. This is partly due to the massive backlog of applicants. The number of applicants who flee to the United States yearly is high. The immigration delays take a toll on them since they are usually separated from their families, face financial difficulties, and are constantly worried about the status of their applications.
From the above examples, it is clear that delays with immigration cases are inevitable. But if your case takes longer than usual, you can have your immigration attorney follow it up to determine the cause of the delay and find a solution.
Common Causes of Delays in the U.S Immigration Department
Delays in the U.S immigration department are usually not deliberate. The department receives thousands of monthly applications from people seeking travel documents, employment authorization, naturalization, employment-based benefits, and family-based benefits. The increasing number of applications creates a backlog, sometimes resulting in extreme delays. While there is nothing, much anyone can do to speed up the process if at all there are backlogs, understanding the cause of your delayed immigration case could ease your mind. Sometimes you can seek legal help to speed up matters if that is possible. Here are some of the reasons why your immigration case could be delayed:
The Agency Processing Your Case Is Backed Up
The immigration department receives more applications than it can process within a reasonable period. People seek entry into the United States, while others want to legalize their stay in the country. Everyone wants their application to be processed quickly so they can move on to other matters. But immigration agencies are backed up. It is the subject of daily discussion in our news and congressional inquiries.
In most cases, USCIS processes applications as they are received in their system. First applicants will likely be served first. You must wait your turn if an agency has received many applications ahead of yours. Those exempted from these long waits are employment-related applicants that have paid an extra amount for premium services. If not, they too must wait their turn.
Some applications require the USCIS to make decisions, which could translate to extended waiting periods. For instance, some family visa applications take USCIS longer to process 1-130 petitions, though careful not to make the priority date current for several years. However, the goal is not to delay the applicant's case longer than it should since their position in line for the visa is already established by the priority date.
Different service centers within USCIS have different processing times, depending on the number of applications they receive in a given time. Once you receive a receipt number for the application or petition, check its status on the department's website. Or, you can have your immigration attorney follow it up to determine the cause of the delay and your options.
Your Application is on a Wait List
Some delays in the U.S immigration department are very genuine. For instance, some visas like green cards are only issued to a limited number of applicants yearly. Successful applicants who exceed the limit are on a waitlist for consideration in the coming years. If you are among successful applicants but do not receive the visa in the year of application, your name will be on a waitlist. You could receive your visa in one or more years, depending on the number of applicants already on the waitlist.
Example: Married children of U.S citizens are allowed green cards but in the 3rd preference category. You will likely receive your green card after the first and second preference category applicants have received theirs. Some applicants have had to wait up to ten years before their priority dates are current and a green card or visa is available.
Sadly, you can do little in cases like these to speed up the process except to track the progress and hope that your turn will come soon. If, along the way, some details in your application change, like a change in your address, ensure that you inform the agency handling your application. That would ensure you receive all important notifications on time.
Your File is Lost in Their System
As hard as it sounds, some files get lost in the system. Remember that the immigration department receives thousands of applications every month. Thus, if you have waited years for your immigration case to proceed, you can make a follow-up to ensure that your case is still in the system.
Making complete copies of all pages of your applications is advisable before sending the original documents to the agency handling your immigration case. If the agency is satisfied with copies of your documents, keep the original documents with you. You will need them to make follow-ups when delays like these happen.
It is not unusual for immigration cases to be lost in the system. You must track your application's progress or petition through the immigration department's website.
But, some cases get lost in the system even before they are assigned a case number. It means the applicant will not have any number to use while making a follow-up. In cases like these, tracking the progress of your case will be challenging. Your best option would be to reach out to the agency processing your case, explain your situation, and submit copies of the applications you made. If that does not help, or you become weary of waiting, your immigration attorney can help.
Immigration Sent Your Mail to a Wrong Address
This often happens, especially when applicants change addresses and do not inform the immigration department in good time. Once the agency processes your application or needs more documents or information, they will mail you through the address on your application. If you change your address after submitting the application, your mail will likely end up at the wrong address. That could be why you have not heard from the immigration department yet.
Remember that immigration petitions and applications take months and sometimes years. People move on with their lives as they wait for the processes to complete. If you move houses or relocate to another state or country, you must file Form AR-11 physically or through the online service 'Change of Address' on the immigration department website. The form and service serve the same purpose of advising the department of changes in your address. Remember that an applicant's address is among the legal requirements for all immigrants.
However, filing the required forms does not guarantee that the agency processing your case will receive the information. It is advisable to separately send a notification to the office handling your application with your new address. It ensures that the department and agency have your contact details in case they need to mail you regarding your matter.
Contact the agency immediately if you feel that an address change could be why your immigration case is delayed. Let them know that you are awaiting a response on a specific application. Please send copies of your applications to make it easier for the department to track your case and give you the way forward.
Delayed Security Check Processing
If your application or petition needed you to submit your biometrics like fingerprints to the immigration department, the process could take a longer time than applications that do not require security checks. The agency handling your application must send those biometrics to security agencies like the FBI for a background check on your criminal history.
Security agencies receive thousands of similar requests monthly from various agencies and departments. Your file could reach their office when they already have a backlog of unprocessed files. That could add several weeks or even months to the time you already need to wait. It could be the reason your immigration case is delayed.
You Have Not Provided Adequate Information
The immigration department is very particular in the information you must submit for processing. Some applicants take a longer time than others to offer adequate information. Their cases will be on hold until the agency handling their matter receives all the information.
Sometimes the immigration department cannot make a conclusive response with the documents you provide in your application. The agency will send you a request for more proof or RFE. You must gather the required evidence and submit it in good time. Failing to do so could delay your case. Ignoring the request or failing to respond to the USCIS because you do not have the information the agency needs could be the cause of your delayed case.
What To Do When Your Immigration Case is Delayed
There is no cause for worry if you have been waiting months or years for the immigration department to respond to your immigration application or petition. It is least likely that they have singled out your case and subjected it to delays or are planning to frustrate you. It is also not possible that your case is lost in the USCIS storage facilities, though some cases are lost in the system. Track your case to find the real reason there have been delays and what you can do to speed up the process. Some delays are expected, depending on the nature of your case. Others are not normal, and you can speed up the process if you do a follow-up.
Remember that the immigration department gives an average processing time for various applications. Some processing times are longer than others. If yours is unusually long, you can track the application through the department's system. All you need is the case number assigned to your case by the agency responsible for handling your situation. If your case is still pending even after the end of the standard processing time, you can submit a personal inquiry to the agency. Remember that personal inquiries to the immigration department or court system do not produce immediate results. But they could help keep your case moving.
Applicants can also contact the department by phone or through its online contact center. If you only want to know that your case is still in the system and could be processed sooner or later, you can make that call. But, you will need to navigate the department's automated system until you schedule a call-back. Provide the relevant information when making an online inquiry through the department's contact center. That will make it easier for the person handling your inquiry to track your case in their system.
Lastly, you can seek the help of a competent immigration attorney. Experienced immigration attorneys know how these processes work and will know where to start to follow up with your delayed case. But, remember that attorneys cannot do much to make the system move faster. However, they know which office to knock on and the correct inquiries to obtain information that could help you understand your situation and options.
A skilled immigration attorney will know when something is wrong with your case. Your attorney can help you understand your current situation and what you must do moving forward, whether to make a personal inquiry or continue waiting. While your attorney cannot retrieve a file lost in the U.S immigration system, they can obtain information that could keep your mind at rest as you wait for a response from the immigration department.
However, do not wait until you encounter a problem or delay with your immigration case to hire an immigration attorney. Sometimes legal support is necessary as you begin processes like these. If you already have an attorney, let them find out the case for your case's delay. But if you do not have one, it could be time to seek legal help.
Find a Skilled Immigration Lawyer Near Me
Delays with immigration cases can be normal or abnormal, depending on your specific case. That is why it is advisable to find out the cause of the delay if your immigration application or petition is taking longer than usual. A skilled immigration lawyer in California can make inquiries on your behalf to obtain information that could help you speed up the process. We do that and more in California Immigration Attorney to ensure our clients enjoy a smooth process. Call us at 424-789-8809 and let us unravel the mystery behind the delays you are experiencing. Together, we will forge a way forward.