If you are experiencing immigration application delays, it is important to keep in mind that you are not alone. Federal immigration court backlogs remain all too common, and the number of cases that await a decision are even higher, meaning a resolution may not be in the works for a significant period of time.
By consulting with a skilled Oak Brook immigration delay lawyer, you could seek to resolve preventable delays in immigration procedures. Knowledgeable immigration attorneys should be well-suited to work with clients whose cases are delayed for a variety of reasons, including but not limited to:
The United States government receives an enormous number of immigration applications every year. In fact, they receive more applications that there are available visas. To address this issue, around 80,000 applications are randomly selected through a lottery process each year that is held in early April.
However, there is another step to the lottery process that involves the winners going through additional evaluation from U.S. Citizenship and Immigration Services (USCIS) before they can legally work in the United States. This is where significant immigration delays often crop up.
It is not unheard of for premium processing to be delayed for a few weeks every year so USCIS employees can deal with the influx of applications. Suspensions can last up to six months, if not longer.
According to the Administrative Procedure Act (APA), the United States government is legally obligated to make final decisions regarding immigration applications in a timely and reasonable manner. If a case is delayed without good cause, the applicant who filed that case may have grounds for a lawsuit.
The pursuit of a mandamus lawsuit, when successful, can pressure the government into complying with their mandatory legal duty, thereby speeding up the process and providing a resolution to the plaintiff’s immigration case. When there are very few options present and requests for information on the status of a pending application have been ineffective, a mandamus lawsuit may provide the answers an applicant needs to resolve their case.
However, although a writ of mandamus may provide a prospective immigrant with an effective legal tool in terms of speeding up the application process, there is no guarantee that the case would indefinitely free itself from proverbial limbo. Instead, the government would look at the individual’s file, evaluate the evidence that is presented, and take action according to the application.
Waiting for the result of a pending immigration application can essentially place your life on hold. The high volume of cases being handled makes some delays understandable, but unreasonable ones that drag on for months or even years may prove to be too much to bear. Not only can a delay negatively impact your lifestyle, but the anxiety it can cause may affect your family’s well-being as well.
You do not have to live in immigration limbo. You can stop putting your life on hold and move on. A skilled Oak Brook immigration delay lawyer could help you assess your situation and work to resolve it through whichever strategic approach is best suited to your circumstances. To speak with an attorney about your case, contact us today for more information.