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

Affiliated Job-Creating Entity From The RIA

The term “affiliated job-creating entity” is an important term of the EB-5 Reform and Integrity Act of 2022 (“RIA”). Under the EB-5 Immigrant Investor Program, foreign investors who participate make an investment in a new business that employs U.S. workers and can obtain lawful permanent residence in the United States. A company that is owned, run, or controlled by individuals associated with the new business endeavor or the EB-5 Regional Center is considered an “affiliated job-creating entity” in this context. According to this, a company falls under this category if it has ties to the people who control the business or Regional Center. These associated entities play a critical role in achieving the job creation objectives of the EB-5 program. These entities are not isolated in their activities; rather, they are closely linked to new business ventures and regional hubs that manage the flow of capital and ensure the development

Read more >
US Investment visa

A Complete Guide to the U.S. Investment Visa Process

For individuals looking to build a future in the United States, investment immigration is a viable option for some.   Through a U.S. investment visa, foreign nationals can pursue lawful permanent residence (“Green Card”) by investing capital into U.S. businesses that creates jobs and contributes to the growth of the American economy. It is an attractive option for entrepreneurs, business owners, and individuals with the resources to contribute capital, while also opening the door for their spouse and unmarried children under 21 to join them in the United States.  At Enterline and Partners, we understand that investment immigration is an important financial and personal decision. That is why our team works closely with clients to assess eligibility, prepare strong applications, and handle the often complex requirements of U.S. investor immigration law.  With decades of experience behind us, we help investors and their families take confident steps toward permanent residency and new

Read more >

Understanding Form I-864A: Contract Between Household Member and Sponsor

For many family-based immigrants applying for a Green Card, a key step in the process is the submission of Form I-864, Affidavit of Support (“I-864”). This is a legally binding contract in which the sponsoring family member (“Sponsor”) agrees to financially support the intending immigrant (“Beneficiary”). However, in some cases, the “Sponsor” alone may not have sufficient income or assets to meet the required financial support threshold. That is where Form I-864A, Contract Between Sponsor and Household Member (“Form I-864A”) comes into play. A Form I-864A,  is used when a household member—such as a spouse, adult child, parent, or other relative residing at the same address—agrees to combine their income with the Sponsors to meet the minimum financial requirement. The household member must be willing to commit to support the Beneficiary alongside the Sponsor by signing the Form I-864A. It is important to understand the difference between the I-864 and

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo