A Bolingbrook immigration delay lawyer could help if you have encountered a delay in a visa application, the naturalization process, an asylum application, or other immigration matters. While some delays are inevitable, others are caused by problems that can be addressed.
An experienced immigration attorney could investigate the cause of the delay and work to rectify the situation. In some cases, legal action may be recommended to speed the conclusion of a particular proceeding. En Español.
Knowing the Cause of a Delay
Before deciding how to handle a situation, a Bolingbrook attorney could first attempt to find the reason for the immigration delay. If a petition, application, or supporting documentation is lacking information, agency staff may set the application aside. Following up may not take precedence over other activities, and soon that application could be buried under other paperwork. Contacting the agency involved could uncover the problem. Once the missing information is supplied, the proceedings could continue.
Sometimes, delays arise when an agency sends a Request for Information (RFI) which is lost or goes unanswered for another reason. Investigating the cause of a delay could provide the means to resolve the issue.
An investigation might also reveal that a delay is caused by no more than a standard backlog. While learning this can be frustrating, it can provide a sense of relief knowing the agency has found no discernible problem with an application.
A Writ of Mandamus
Whether a proceeding is held up at U.S. Citizenship and Immigration Services, the Visa Center of the State Department, or elsewhere in the process, it can sometimes be helpful to file a writ of mandamus in federal court. In this type of legal action, an individual asks the court to order an agency to render a decision in a case.
The court will not make the decision on behalf of the agency or tell the agency what decision to make. However, the court could require the agency to quit stalling and move forward with the proceedings.
In many cases, after a Bolingbrook immigration delay lawyer files a writ of mandamus on behalf of a client, signs of action begin to appear in a case. An agency may schedule an interview or send a request for information. Thus, a writ of mandamus can sometimes bring attention to a delayed application.
Complaint for Naturalization or Citizenship
Federal law provides specific legal remedies when the agencies are slow to issue a decision in a naturalization proceeding. If USCIS fails to issue a ruling within 120 days after a naturalization exam or interview, the applicant may file a complaint in federal court under 8 U.S.C. §1447(b).
Unlike writ of mandamus cases, the court responding to this type of complaint may take action directly and grant naturalization. The court could also deny an application or remand the case to USCIS with instructions to the agency.
Work with a Knowledgeable Bolingbrook Immigration Delay Attorney
Immigration delays can be costly and nerve-wracking. A delay can prevent action on the part of family, employers, and others connected with the applicant. While delays are becoming more common in all phases of immigration proceedings, that does not always mean the best course of action is to wait in ignorance.
A Bolingbrook immigration delay lawyer could investigate your situation and work to determine the cause of the delay and available remedies. For a consultation to learn more about your options, call today.