Delays are a frustrating feature in many aspects of life, but they can be especially worrisome when they involve immigration issues. While most people filing immigration applications in Aurora know to expect certain delays, sometimes a delay can become excessive. When this happens, it may be time to take legal action.
An Aurora immigration delay lawyer could evaluate your circumstances to help determine whether a delay is out of the ordinary. Then, a well-versed immigration lawyer could explain your options for addressing the delay and help you try to put the process back on track.
Potential Causes of Immigration Delays
With so many stages involved in the immigration process, the opportunities for delays are virtually limitless. While some delays are inevitable, others may be considered unreasonable. When a delay is unreasonable, legal action may be available to address the situation.
A petition for immigration may be delayed in processing at U.S. Citizenship and Immigration Services (USCIS) due to backlogs. These delays may be extended if an employer submits a large number of petitions that are subject to premium processing. Such processing moves those petitions to the front of the line for a certain fee.
Also, because wait times are expected to be long for visas for those in low preference categories, sometimes processing is deliberately delayed on those petitions and applications. Unfortunately, not much may be able to be done to address these delays unless they vary significantly from average processing time for similar applications.
Other times, delays are due to problems that can be remedied. For example, in some cases, a delay may be due to a misplaced file. Delays also frequently occur as a result of missed communication. Notices from USCIS or other offices may have been delivered to the wrong address, for example, even if the applicant submitted the proper change-of-address form.
Finally, delays may result when an agency sends out a Request for Evidence and the applicant fails to respond with necessary documentation. An Aurora immigration delay lawyer could help you understand why you are facing a delay and what you can do about it.
Filing a Writ of Mandamus in Aurora
When a delay has extended so long that it may be considered unreasonable, then may be possible to file a legal action in court called a writ of mandamus. This can compel the federal agencies involved to move forward with the process.
Filing a writ of mandamus is a legal procedure where an applicant asks a judge to tell an agency to fulfill its duty and act on a pending application. The judge will not make a decision on the application itself but will tell the agency to do so in a more efficient manner. A writ of mandamus may be very helpful in ending a delay, but it is advisable to have an experienced Aurora immigration delay attorney review the situation to determine whether filing a writ of mandamus would be the best course of action for your case.
Get Help from a Knowledgeable Aurora Immigration Delay Attorney
Waiting is hard, but it is easier when you know you have taken all available actions to move the process forward. When you encounter a delay with the processing of an immigration petition, visa application, or naturalization decision, it can be very helpful to consult an experienced Aurora immigration delay lawyer.
An immigration lawyer familiar with the delays and difficulties often encountered during this process could investigate to determine what happened in your case and explain the options available for addressing the situation. For a consultation to learn how an immigration delay lawyer may be able to help, call now.