Applying for legal permanent residence in the United States is a difficult process. Unreasonable delays in the process only add to the uncertainty and concern that often come with the immigration process. If one year has passed since you filed your application with U.S. Citizenship and Immigration Services (USCIS) and no change in your immigration status, you may have grounds to take legal action.
A San Diego immigration delay lawyer could help if you have been subject to unexplained or unjustified holdups in your application process. Once retained, a qualified immigration attorney could work to determine what obstacles you may be facing and remedy them as quickly as possible.
Unfortunately, long delays in application processing are all too common in federal immigration courts, both in the San Diego area and throughout the United States. While there are numerous ways in which a green card or naturalization application could get wrapped up in bureaucratic red tape, there are two types of delays in particular that our local attorneys see more often than others during the immigration process.
In many circumstances, citizenship and immigration applications can come to a standstill simply because they get lost between the various channels they have to pass through before final approval. A single loose link in the USCIS operational chain could leave an application unresolved for weeks or months, with applicants only being told in the meantime that their cases are “under review” or “pending.”
In other situations, delays in application processing may stem from USCIS having difficulty completing background checks on applicants. Like the applications themselves, these background checks must pass through a number of different federal agencies and navigate through confusing security protocols, so even immigrants with clean backgrounds and the absence of criminal records may end up having their applications unjustly delayed.
While immigrants can check on the status of their case through the USCIS website, sometimes the information provided online or in person at an office is simply not sufficient. If an application has been delayed for months and an applicant has received little or no clarification about why, they may be able to expedite the process and get their case resolved by filing a writ of mandamus lawsuit.
Since the Administrative Procedure Act requires U.S. government agencies to resolve all cases they oversee in a reasonably timely manner, immigrants could work with an immigration delay lawyer in the area who could compel USCIS through a federal court order to ensure their case is processed. However, while a successful writ of mandamus lawsuit can speed up the application process, it does not guarantee a positive resolution.
Delays in immigration application processing can put significant stress on your future, and potentially on your family’s safety and security as well. Fortunately, if you have been subject to an unreasonable delay in your application’s process, you may have legal options for pursuing a quicker resolution to your case.
A conversation with a San Diego immigration delay lawyer from Hacking Law Practice LLC could clarify what may be possible in your situation. Call today to set up a consultation and start discussing your case.