Self Help
The process of immigrating to the United States is already difficult and burdensome. A long delayed case can leave you feeling confused, overwhelmed, and powerless. But you are not powerless. There are ways to move forward long-delayed immigration cases, including steps you can do on your own.
Four steps you can take to move your case forward:
Lookup Your Case Online
Schedule an In-Person Inquiry
Get Help From a Local Congressperson
Evaluate a Lawsuit to Expedite Your Case
Contact Us
Lookup Your Case Online
Immigration applications can take a long time to make it through the system. Even under the best of circumstances, the normal processing time for visas can be several months. If you’re not sure whether your case is delayed, you can check processing times using the website for the U.S. Citizenship and Immigration Services (USCIS) here.
You’ll need to know the office through which you filed and the type of application you filed.
If you see that your application has been delayed beyond the processing time posted on the USCIS website, your first step is to inquire about the delay with USCIS. You’ll need the notices sent to you after your application was filed. Specifically, you’ll need to find the notice’s the receipt number, which is different from your A-Number (if you have one).
Then, click here
to begin an inquiry regarding the delay in your case.
You will need to enter in the receipt number from your application(s). The USCIS system will then tell you the last action in its computer system, such as identifying the last correspondence sent. If you do not have the correspondence or notice or request that the USCIS website says was mailed to you, it is important that you contact the USCIS at (800) 375-5283 to request that a copy be sent to you.
You can also do a phone inquiry, though it can involve considerable hold times and normally phone operators are unable to give information in addition to that available on the USCIS website.
If you have checked and your case is out of processing times, and you’ve received and responded to all USCIS correspondence, then you can schedule an in-person appointment with the USCIS to try and get more information.
If you’ve been unable to get a satisfactory answer from an online inquiry or a telephone conversation, then you should schedule an in-person inquiry using InfoPass, the USCIS online appointment service.
Schedule your appointment by clicking here.
After scheduling your appointment, you’ll need to gather these documents to bring to your meeting.
- Your InfoPass appointment notice confirmation
- Government-issued identification. This could be any of the following
- Government-issued photo ID card
- Passport
- Valid driver’s license
- Permanent Resident Card (Green Card)
- Employment Authorization Document
- Form I-94, Arrival-Departure Record with an affixed photo
- Any USCIS correspondence issued to you. Including:
- Receipt notice
- Interview appointment notice
- Decision letter
- Request for evidence (documents)
During your appointment you will have the opportunity to discuss your case with an information officer at the local USCIS office. Sometimes these meetings can be very helpful, sometimes not. Try to gather as much information about your case as you can. Ask for the reason your case is delayed beyond regular processing times. Also ask which office currently has your file. Sometimes a delay is due simply to a misplaced file, and an officer taking the time to locate it is all that’s needed to move a case forward.
Other cases, however, are not so easily unstuck – but it is still important to try and find out the reason why your case is delayed. Different causes might need to be addressed in different ways. The most common delays are the result of an issue in the background check, often called “name check”, and due to any ongoing investigations. You can directly ask the officer, “Is my case delayed because of an issue with the background check?” or “Are there any investigations?”
Do not be alarmed if you discover that your case is delayed due to a problem with your background check. Many times, this is due to name confusion (a record about someone with the same or similar name) or an issue which is not negative, but still requires additional review (such as being a witness in a criminal case). If you have ever been arrested or charged criminally, in the US or abroad, it is important that you talk with a knowledgeable lawyer before taking actions on your case in order to protect yourself from deportation.
Congressional representatives offer services to constituents as part of their job. Regardless of your legal status, you’re likely to find that your local Congressperson is willing to help and able to access information on your case that you’ve been unable to access.
There are two types of Congresspeople who can help you, Senators and Representatives. You can contact either for help.
To contact a Senator
- Go to www.senate.gov. At the very top of the page, you’ll find a small section that says “Find Your Senators.” Click there and choose your state.
- A page will open with the names and contact information for both Senators who represent your state. Each state has two Senators; you may choose either one.
- Beneath each Senator’s name is the address for their Washington, D.C. office, their Washington, D.C. telephone number, and their personal websites. If you click the link for your Senator’s personal website, you will be lead to a listing of their offices in your state.
To contact a Representative
- Go to www.house.gov. At the very top, right-hand section of the page, there is a small section that says “Find Your Representative.” Enter your zip code, and click “Look Up”.
- A page will open with the names and website links for Representatives, enter your address to get the name of the Representative that represents your district.
- Once their name comes up, click on the name of your Representative to open their website. On your Representative’s website, you’ll find their contact information.
- Representatives often have more than one office. Choose the office that is closest to you.
Contact whichever local office is closest to you.
It’s understandable if you’re nervous, or uncertain of what to say. You can simply say,
“Hello. I live in ____________ (your city and state) and I have a problem related to my immigration case. Who can I speak with to help me resolve this problem?”
Be prepared to offer the details of your case, if asked. Make sure you write down the time you called, the name of the person with whom you spoke, and what they tell you. That way, if you need to call again, you’ll be able to help them find your case.
In order for your Congressperson to help you, you’ll need to give them a privacy release form granting them written permission to access your immigration records. Most Congresspeople will have their own version of this form up on their website. If you’re having trouble finding their form, you can use this form, and fax it to their office.
If you’ve exhausted your other options, it’s time to evaluate suing the USCIS to get action on your case. Federal law allows what is called a Writ of Mandamus, which asks for an order that a government agency follow the law. Part of the law is that government agencies, including the USCIS, are supposed to perform their duties within a reasonable time. This means that a judge can order the USCIS to process an application, if they find that the delay has been unreasonable.
Though these lawsuits can be expensive and difficult, they are often the only way to move a delayed case forward. People have been successful filing these lawsuits on their own, but there are many different technicalities that are important in filing a lawsuit like this, so you should seek help from a local support organization or private lawyer, if possible. Some lawyers may be able to provide help more efficiently through “limited scope representation”, where they help you with part of the case, such as drafting the papers, but don’t act as your attorney on the whole case.
The way judges interpret and apply laws varies from place to place. This is one reason it is important to get help from a licensed local lawyer. Judges differ, for example, in how long a case must be delayed before they consider it to be “unreasonable”. Few judges would find a case filed less than a year ago to be delayed unreasonably. Also, if a case is delayed due to an ongoing investigation, then the delay is likely to be considered reasonable.
Slightly different laws do apply to cases brought by applications for Naturalization. There, federal law sets that a delay of more than 120 days is unreasonable. In all other types of cases there is no clear guideline for what qualifies as an unreasonable delay; it is up to the opinion of the judge.
Oftentimes these cases do not have to be fully litigated or taken to trial because the USCIS may speed up a delayed background check after the lawsuit has been filed. It is important that you respond to all USCIS correspondence, and open inquiries on your delayed case before filing a case, so you can show the judge you’ve tried everything you can with USCIS first.
If you have decided you would like to pursue filing a lawsuit about your delayed immigration case, review the resources section of our website here. There you will find publications to assist in filing a case, sample documents, and also a list of non-profit organizations who may be able to help you.