Becoming a U.S. citizen is a milestone and—for many immigrants—the culmination of a lifelong dream. Citizenship introduces new opportunities, security, and rights. However, the process can be infuriating. Long wait times, administrative backlogs, and other issues can hinder it, leading to an unreasonable delay for citizenship in Elgin.
These delays are more than inconvenient. Not only do they lead to uncertainty, but they can also keep you from voting, delay sponsorship of family members, and prevent the other full benefits of U.S. citizenship. If your naturalization application is stalled beyond standard processing times, an attorney at Godoy Immigration may be able to help. We may utilize multiple strategies to try to get your application back on schedule.
Unreasonable delays in the naturalization process in Elgin can occur for several reasons, including:
USCIS backlogs are the leading cause of delays. High application volumes can slow down processing times, and application volumes are always high. Different categories of applicants can have different processing times. However, the USCIS does provide data that can help people estimate wait times.
Background and security checks can also lead to delays, such as when an applicant’s name, travel history, or past immigration record requires additional vetting. Likewise, if the USCIS issues an RFE, it will pause processing while the applicant gets the additional information to them.
Administrative errors can lead to delays as well. Missing files, misfiled applications, or clerical mistakes can stall cases, sometimes indefinitely. Administrative errors are not limited to the USCIS; the post office can commit them, too. If an applicant does not get an interview notice, he or she will miss the appointment.
Some delays are outside of the USCIS’s control. For example, COVID-19 led to delays because of government shutdowns. Likewise, shifting policies, especially after an administration change, can lead to prolonged wait times.
An Elgin applicant whose citizenship case is taking longer than expected does have options. He or she can wait and see if the process speeds up or try to handle it himself or herself. However, the best choice is to have an Elgin immigration lawyer handle the delay.
An attorney could start by investigating the cause of the delay and then take steps to resolve it. One way to do this is to contact the USCIS to request a status update and escalate the case.
If the case is unreasonably delayed, then the lawyer could file a writ of mandamus lawsuit, which may help move cases that have stalled. Another technique to prompt movement is to contact the USCIS Ombudsman.
A lawyer may also ask to review the application for errors. If there are any, the lawyer could supplement the application with any evidence necessary to prevent further delays.
Of course, it is crucial to keep in mind that not all delays are unreasonable. It can help to understand standard processing times. If an applicant does not hear anything for more than 120 days after an interview, then the delay may be unreasonable.
However, delays can happen before the interview process. An applicant may not have an interview scheduled after a great deal of time has passed. A lawyer could check to see if the application is stuck due to background checks or administrative processing.
If the USCIS sends an applicant an RFE or a Notice of Intent to Deny, those are clear signs to get an attorney’s help.
The immigration system can be confusing and intimidating. You might not even know if a delay is unnecessary. The only stupid questions are the ones you do not ask. Instead of becoming stressed about the process, schedule a consultation with an immigration lawyer from Godoy Immigration. We could let you know whether you are experiencing an unreasonable delay for citizenship in Elgin and, if so, help you take steps to get your application back on track.
