It can feel disheartening when you believe you have jumped through every hoop in the immigration process and are still waiting for a response. Unfortunately, there are many forms that must be filed with impeccable accuracy. Mistakes on these forms could lead to delays or requests for more evidence. If you have been dealing with the United States Citizenship and Immigration Service (USCIS) on your own, it might be time to call a legal professional.
A capable attorney in Aurora may be able to effectively guide you through the immigration delay litigation process. There are steps that you could take to inquire about the status of your paperwork and prepare for additional requests from the USCIS.
Typical Processing Times for Immigration Paperwork
A recent study by an immigration law organization revealed that immigration processing times have increased by nearly 50 percent during the past two years. For example, in 2017 the average processing time for an immigration petition by an entrepreneur was 18.8 months. Those petitions now take approximately 22.1 months to go through processing.
A petition for an alien fiancé had an average processing time of 3.5 months in 2014. Now, the USCIS procedures take nearly twice as many months. The USCIS does have internal methods for petitioners to inquire about their immigration cases. It may be beneficial for Aurora applicants to make inquiries with the USCIS before resorting to immigration delay litigation.
How to Submit a Case Inquiry with USCIS
USCIS offers electronic methods for obtaining information about the status of an immigration case. The service indicates that it is actively processing a case if any of the following happened during the last 60 days:
- Applicant received a notice in the mail from the USCIS
- Petitioner responded to a Request for Evidence
- The USCIS sent an online update regarding the case
If an Aurora resident has exhausted their avenues for support from the USCIS to no avail, it may be time to begin the process of immigration delay litigation.
What Needs to Be Filed for Immigration Delay Litigation
Potential beneficiaries in Aurora who have been wronged by undue delay of their citizenship or immigration status may seek a federal remedy.
Writ of Mandamus
Under federal law, a petitioner may institute proceedings for a writ of mandamus to compel the USCIS to perform its duties. Mandamus litigation proceedings in Aurora, per Rule 21 of the Federal Rules of Appellate Procedure, must be filed with the United States District Court that is housed in the state.
A writ application must state the facts of the case, the relief being sought, and the reasons why it should be granted. It might be beneficial to seek the counsel of an experienced Aurora immigration lawyer during this legal process.
Petition for Naturalization
Individuals in Aurora who have already filed their Form N-400 and completed their citizenship interview might have standing for immigration delay litigation. After 120 days have passed since the citizenship interview, an Aurora resident may file to seek the assistance of a federal judge.
During this process, an Aurora applicant may have their case taken from the USCIS and brought to federal court. During federal proceedings, a judge might grant or deny citizenship. Another option for the court is to send the case back to the USCIS with an order to expedite the case’s processing. Because of the arduous nature of these filings, it may be best to enlist the services of an experienced attorney in Aurora familiar with immigration delay litigation.
How to Get Immigration Delay Help in Aurora
If you are experiencing an unreasonable delay in your immigration process, it might be helpful to contact an attorney in Aurora.
An Aurora legal professional might be able to explain the immigration delay litigation process in more detail during a face-to-face consultation.