Enterline & Partners Consulting | info@enterlinepartners.com

Why Is My Case With USCIS Taking So Long?

Enterline and Partners Consulting lawyers are members of the American Immigration Lawyers Association (“AILA”).  It often provides helpful tips, updates and information to its lawyer members and for the public. AILA provides the following flyer to help clients with long-pending USCIS cases understand the broader context of current processing delays.  We reprint it here with AILA’s permission.

Why Hasn’t My Case Been Decided Yet?

Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions.

Based on previously available USCIS data, in Fiscal Year (FY)2017, an average case took about 6.4 months to process. In FY2022, an average case took more than twelve months. Those extra months of waiting halt business operations, keep families separated, and jeopardize lives.

Where Can I Find the Processing Time for My Case?

USCIS processing times are available on its website:
https://egov.uscis.gov/processing-times. To find your case’s processing time, you must select the form type, category, and field office or processing center from the drop-down menus. You will then see the processing time it takes for approximately 80% of that case type. Below that, there is a space to add the receipt date for your case and find out when you may make an inquiry in your case.

Who Is Affected by the Long Processing Times?

Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays.

Processing times for common form types show just how dire the situation is.

Why Are Cases Taking Longer?

Many factors can slow down your case, including inefficient processing and understaffing. During the last administration, USCIS implemented many new policies designed to restrict legal immigration and delay processing. While the current administration has made some helpful changes, the COVID-19 pandemic has contributed to continued slowdowns.

What Steps Is the Government Taking Now to Speed Processing Times?

In March 2022, USCIS set new processing time goals and has committed to hiring more adjudicators and improving technology. They have also begun re-using previously captured fingerprints when possible. However, it will take time for the agency to catch up with the tremendous backlog.

What Can I Do?

Make sure your lawyer has your current contact information.

Work with your lawyer to file applications and petitions as early as allowed under the law, especially for cases where premium processing is not available. Many application renewals may be submitted up to 180 days prior to expiration.

Expect USCIS processing to take longer than desired, no matter what type of application you are filing. Your lawyer can guide you and help plan for delays. Sometimes, the only option is to await government action. In other cases, some tactics to address delays could include:

  • File a petition or application to safeguard your status in the S.
  • Ask USCIS to expedite your case if you qualify or if applicable, to premium process your case;
  • Talk to your congressman’s office for assistance; or
  • File a lawsuit to force USCIS to act on your case.

Processing times for all I-539 applications to change or ex- tend status rose from about 2.8 months to 6.2 months.

Processing times for family-based adjustment of status (I- 485) applications rose from 7.8 months to 12.5 months.

Processing times for employment authorization (Form I-765) applications based on an adjustment of status application rose from 2.6 months to 5.5 months.

Note: there were slight decreases in processing times from FY2021 to FY2023.

©2023 American Immigration Lawyers Association
AILA is the national bar association of immigration lawyers comprised of over 16,000 members located in every state of the United States and worldwide.

If you have questions, please contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
YouTube: @EnterlineAndPartnersConsulting
Website: https://enterlinepartners.com/

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/en/home/

Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Can I travel outside the U.S. and return after my I-829 is denied?

Traveling outside the United States after a Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (“I-829 Petition”) denial is highly risky and strongly discouraged. While you, the investor and your family members, legally retain your Conditional Lawful Permanent Resident (“CPR”) status until a final administrative order of removal is issued by an immigration judge, U.S. Customs and Border Protection (“CBP”) enforces strict border policies, although improper, that can challenge your ability to return. Filing the I-829 Petition is the final step for investors in the U.S. EB-5 immigrant investor visa program.  An approval of the I-829 Petition removes the two-year conditional restrictions on an investor’s residency, granting lawful permanent resident status, and allowing the investor, their spouse, and unmarried children under 21 to receive a 10-year “Green Card”. The denial of the I-829 Petition does not immediately result in loss of an investor’s CPR status.  The

Read more >

Regional Center Job Creation under the RIA

When evaluating whether an EB-5 investment meets the requirement that an investor create at least 10 jobs for qualified U.S. workers, there is now more guidance under the RIA than before.  In general, an investment in a business sponsored by a Regional Center does not require all qualifying jobs come from employees hired directly by the business. Indirect and induced job creation based on approved methodologies remains the core of the Regional Center program advantage. As before the RIA, investors may rely on economically and statistically valid methodologies to determine the number of jobs attributable to the investment. These methodologies may be used to support estimates of directly created jobs and, where permitted under the statute, jobs created directly or indirectly through capital expenditures, increased export revenues, enhanced regional productivity, and broader domestic capital investment generated by the project. However, indirect job creation is now lightly restricted with only a

Read more >

David Enterline receives I-829 Petition award for 2025 from IIUSA

David Enterline, Managing Partner of Enterline and Partners Consulting was recognized by IIUSA, the preeminent EB-5 trade association in the United States, for successfully assisting EB-5 immigrant investor clients in obtaining approvals of Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status during the year 2025. David was recognized together with a select group of experienced EB-5 attorneys and Regional Centers that have demonstrated a strong record of successful outcomes for EB-5 investors. The recognition was presented during the 2026 IIUSA EB-5 Industry Forum held in Washington, District of Columbia. IIUSA (Invest in the USA) is the national membership-based trade association representing stakeholders in the EB-5 Regional Center Program. Its members are responsible for a significant portion of the investment capital and job creation generated across the United States through the EB-5 Program. IIUSA recognizes EB-5 attorneys and Regional Centers whose investors have successfully received I-829 Petition

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo