Your Case Is Stuck With USCIS: What Are Your Options?

Last Updated

December 16, 2024

Disclaimer:

This article provides general information for educational purposes and should not be taken as legal advice. For advice tailored to your specific situation, consult a licensed immigration attorney.

Waiting for your U.S. Citizenship and Immigration Services (USCIS) case to be processed can be frustrating, especially when delays extend beyond normal processing times. Whether you have applied for a visa, a green card, or another immigration benefit, understanding your options when your case is stuck is essential. In this article, we will explore some practical steps you can take to move your case forward.

1. Check USCIS Case Processing Times

The first step is to verify whether your case is genuinely delayed. USCIS publishes processing times for various case types on its website. Here is what to do:

  • Visit the USCIS processing times page and select the form you filed.
  • Enter the service center or office handling your case.
  • Compare the posted average time with how long you’ve been waiting.

If your case is still within the expected processing times, patience may be necessary. However, if it is outside the normal time frame, you have options.

2. Submit a Case Inquiry With USCIS

If your case exceeds the posted processing time, you can submit a case inquiry through the USCIS website and use the “Case Outside Normal Processing Time” tool to file your inquiry. USCIS will respond with an update, but this step is usually slow, so be prepared for additional waiting.

3. Contact USCIS Customer Service

For more immediate assistance, try reaching out to USCIS customer service through one of these methods:

  • Call the USCIS helpline at 1-800-375-5283. Have your receipt number ready and explain that your case is delayed. The representative may escalate your inquiry, though responses are sometimes general.
  • Use USCIS Live Chat Assistant “Emma” - You can interact with “Emma,” USCIS’s virtual assistant, directly on their website. Emma can answer general questions, help you navigate the website, and connect you to a live agent for further assistance. To access Emma, go to the USCIS website and look for the “Ask Emma” chat button at the bottom of the screen. Emma will guide you through common questions and, if necessary, transfer you to a live representative.

4. Contact Your Congressional Representative

Sometimes, contacting a U.S. Congressional representative can help expedite a case. Many congressional offices help with immigration-related matters. It is essential to find and contact the representative according to your residential address. The process usually involves finding your representative’s contact information and reaching out via call or e-mail explaining the assistance you seek, filling out a privacy release form, and allowing them to inquire on your behalf. The Congressional representative will typically contact USCIS directly, and their inquiry may lead to a quicker resolution.

5. Request Expedite Processing If Applicable

In certain circumstances, you may qualify for expedited processing of your case. For religious workers, you can request an I-129 petition to be expedited upon paying the required premium processing fee. This can be requested at any time and allows religious workers to speed up the processing time of their application from 5 months to 15 business days if the expedite request is accepted.

If you are applying for an Adjustment of Status (Green Card) and have a qualifying reason, you can request expedited processing of certain forms, such as the I-131 form (Application for Travel Document). You must demonstrate that your case fits the qualifying criteria for an expedite, such as humanitarian concerns or urgent travel needs.

To request expedite processing of your petition or application, you must provide evidence supporting your request. USCIS will review these requests on a case-by-case basis.

6. Contact the USCIS Ombudsman Office

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) is an independent office within the Department of Homeland Security that helps resolve cases stuck in USCIS. This office can assist with cases outside normal processing times and provide information and updates on delayed cases. To request help from the Ombudsman’s Office, visit their website and submit an online Assistance Request Form. They will review your case and liaise with USCIS to help resolve delays.

7. Consult an Immigration Attorney

If you have tried other steps and your case is still delayed, consulting an immigration attorney may be the best next move. An experienced attorney can review your case in detail and provide legal options, help identify an underlying issue or complication, and guide you through more advanced steps, such as appeals or court action, if necessary.

An attorney brings valuable expertise to your case, helping you navigate complex legal requirements, avoid costly mistakes, and determine the best course of action. They can also communicate with USCIS on your behalf and offer tailored legal strategies that suit your specific situation.

While it is possible to take steps on your own, having the guidance of a professional ensures that you are aware of all your options and increases the chances of successfully resolving your case. If your situation becomes more complicated, such as facing prolonged delays or possible denials, the support of an experienced immigration attorney becomes even more critical.

To conclude, it is always frustrating to experience a delay after filing your immigration case. Extended processing times can create uncertainty, but by exploring the options outlined in this article, you can take proactive steps to address these delays. For more information and guidance, please visit the USCIS website at www.uscis.gov.