I Filed An Immigration Application With USCIS A Long Time Ago And I Have Not Heard Anything—What Can I Do?
It depends on the type of application you filed and how
long it has been pending for. Some applications have definite processing times.
For example, an application for a work permit (or Employment Authorization
Document) should generally take no longer than 90 days from the date of filing
(8 C.F.R. § 247a.13(d)); by law, USCIS must adjudicate naturalization
applications within 120 days from the date of the interview or risk getting
sued by an applicant (8 U.S.C. § 1447(b); and some other applications have
estimated average processing times that are posted to the public on USCIS's
website (http://1.usa.gov/1UVPl89).
Estimated processing times can give you a good idea of
how long it should take for USCIS to render a decision on your application but
sometimes, USCIS takes much longer than their estimated processing times. If
this happens, there are three things you could do: (1) inquire about your
application in person at a local USCIS office; (2) hire an attorney to do an
inquiry with a an attorney liaison who may have some insight on what is
happening to your application; and/or (3) sue USCIS on federal court to issue a
decision on your case.
You can inquire about a pending application at your local
USCIS office by making an INFOPASS appointment (http://1.usa.gov/23gZpcY).
These are free but need to be made 2 weeks in advance and sometimes there are
just not enough appointments available at a certain location. If you do have an
appointment, you will get the chance to talk to a USCIS officer. The officer
may be able to find out if someone has—or has not—looked at your application,
if a decision has been made, if your file is at that specific USCIS office,
etc. Although no attorney is needed to make or attend an INFOPASS appointment,
it is important to be able to articulate to the officer what you think the
problem is with your application and what result you want. An attorney will
know exactly what to ask and can properly follow up on the status of your
inquiry (yes, sometimes it takes more than one appointment to get USCIS to act
on a case).
The other option is to hire an attorney to inquire about the
status of a pending application with a liaison. Liaisons are people who work
closely with the agency to resolve customer complaints (like applications that
have been pending for too long). These liaisons are often able to bring some
light on the reasons why an application may not have a decision yet.
Finally, when an application has been pending for longer
than a year (in many cases, for several years), attorneys can generally file
suit against USCIS in federal court so that a judge can order the agency to
issue a decision on the application. This suit is called a Writ of Mandamus and
could take a few months or be as quick as a month. Because this is a legal
process done in federal court, it is a good idea to hire an attorney to do this—and
it has to be someone who is licensed to practice law in the particular state
where you want to file suit.
If you have an application that has been pending for a
very long time with USCIS and the agency has not been able to help you, please
contact an immigration attorney so he or she can evaluate what your next step
should be.
Johanna Cochran, Associate Attorney
404-949-8170
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