The immigration process is lengthy and often full of delays, but some cases can reach a level of delay that is considered unreasonable under the law. Fortunately, when U.S. Citizenship & Immigration Services (USCIS) does not respond to a green card application in a reasonable amount of time, an experienced immigration attorney could help you compel a response.
In many cases, it is possible to address an unreasonable delay for green cards in Aurora without the need for litigation. However, certain circumstances might call for a lawsuit in order to move the application forward, and a skilled attorney could be your advocate in either situation.
Causes for Delay in the Green Card Process
The unfortunate reality of the Aurora green card application process is that delays are common. Hundreds of thousands of applications are filed each year, creating a backlog that can slow the process to a crawl.
Some stages of an application are more prone to delays than others, such as the background and security check process. Every applicant must submit to these checks, which could be performed by the Federal Bureau of Investigation or the Department of Homeland Security. Delays at this stage can be especially complex because they involve multiple agencies interacting with each other.
Other delays can occur because of administrative issues or general processing errors. For example, supporting documents or entire applications could be lost or misplaced. Files could also be stored improperly or mixed together with the documents supplied by other applicants.
Dealing with a Delay
There are specific cases in which taking action with the USCIS can expedite the application process. Specifically, an Aurora attorney could ensure that a delay resulting from a misplaced file or missing supporting document is addressed quickly. In these circumstances, it could be possible to address these delays without the need for a lawsuit by identifying the issue and making contact with ISCIS to address the deficiency.
There are numerous ways for an attorney to contact USCIS regarding this type of delay. Formal inquiries could be made through email or written correspondence, and it is also possible to discuss these delays in person during an appointment with the agency overseeing the application process.
While these options are often successful, resolving an unreasonable delay in Aurora is often difficult. In more challenging cases, the final option could require a legal proceeding called a petition for writ of mandamus. This writ is a court order that requires a government agency to fulfill a specific duty. In this instance, a writ of mandamus would require USCIS to make a final decision regarding a green card application.
There is no guarantee that a federal court will grant a writ of mandamus, but the guidance of a dedicated attorney in Aurora could increase an applicant’s chances of successfully obtaining this writ.
An Aurora Attorney Could Fight an Unreasonable Delay during the Green Card Process
The support of an attorney could be invaluable at each stage of the application process. When you are facing an unreasonable delay, your legal counsel could advise you on whether your best option is to pursue administrative options or file a federal lawsuit.
If you are experiencing unreasonable delays in your Aurora green card application process, taking immediate action could resolve your issue in a reasonable time frame. Call right away to set up a consultation and learn more about your legal options.