Alexandria Immigration Delay Lawyer

If the U.S. Citizenship and Immigration Services (USCIS) has failed to make a decision on your immigration application within a reasonable time, you may be able to take legal action. A knowledgeable Alexandria immigration delay lawyer can help you find out why your case might be delayed and fight to obtain an expeditious conclusion to your case. Schedule a consultation with a dedicated attorney today.

Common Reasons for Immigration Delay

The United States immigration authorities regularly take in more applications than they can handle in a reasonable time. The national average processing times vary from months to years, according to data gathered by the U.S. Citizenship and Immigration Services.

Generally speaking, the USCIS reviews applications according to when they come in, creating a queue that everyone must wait in. For applicants that are applying for a benefit that only provides a limited number of visas per year, an unspecified amount of waiting will be built into the process.

Although the USCIS tracks each application through a specially-designed system, files can get lost in the recesses of a government building. The possibility of a loss is part of why it is recommended for applicants to track their case through USCIS’s online system. But, if the file was lost before having a case number assigned to it, it may be harder to track.

At times, the USCIS falls behind on or delays in making a decision because the Federal Bureau of Investigation is conducting security checks, name checks, or background checks. Unfortunately, this tedious process which is based on the applicant’s name and country of origin, can cause immigration applications to be held up in the system for years. For more information, contact an Alexandria immigration delay lawyer.

How a Writ of Mandamus Can Affect an Immigration Delay

It may necessary to file a lawsuit against the USCIS and other related agencies if a delay has occurred. Under the Administrative Procedures Act (APA), when an agency is given a task by Congress, it has to do it within a “reasonable time.”  The term can be subject to interpretation, as such speaking to an attorney about a delay first is recommended.

When a reasonable time has elapsed, the APA may give the applicant the right to file a lawsuit, known as a writ of mandamus, which requests the court to force a government agency to take action. While the courts may not influence the USCIS into approving or denying an immigration application, they can inform them to make a decision on the case.

If the lawsuit seeks to obtain action on behalf of the federal agency, the court has jurisdiction to compel action on behalf of those agencies. A writ of mandamus can apply to naturalization delays, lawful permanent status (Green Card) delays, and in cases regarding spouse-based visas overseas.

Talk to an Alexandria Immigration Attorney Today

The APA imposes upon USCIS a strict legal duty to make a final decision on an immigration application within a reasonable time. If you are experiencing a lengthy delay on your application, there may be numerous paths to follow when you need to speed up the outcome of your immigration case.

A skilled Alexandria immigration delay lawyer who is familiar with the system can advise you as to whether one of these forms of relief is available to you. For more information, call today.

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