Prince William County Immigration Delay Lawyer
Applying for an immigration benefit, like a nonimmigrant visa, lawful permanent resident status, or U.S. citizenship, can be a stressful and time-consuming experience, and the last thing you need is for the U.S. Citizenship and Immigration Services (USCIS) to take their time processing your application. Unfortunately, the USCIS is notorious for processing applications at a remarkably slow speed. While certain petitions and application are being processed, applicants are sometimes unable to work, and often, they are left in a state of emotional limbo until a decision is made.
Fortunately, immigration laws require the USCIS to make decisions regarding applications in a timely manner, and if they do not, applicants have a right to take the USCIS to court with help from a Prince William County immigration delay lawyer. When in court, an applicant may ask a judge to force the USCIS to review their application and take action on the application. For more information, contact an experienced attorney today.
Can Foreign Nationals Really Take the USCIS to Court?
The idea of taking a federal agency to court may seem farfetched to many foreign nationals, but it is possible. Laws enacted by Congress require the USCIS to make a decision on an application within a certain timeframe, and if they do not, applicants have a right to force them through the court system. The USCIS does not like going to court, but if they take more than four months (120 days) to make a decision, it may be necessary if an applicant needs a decision made quickly.
The courts understand individuals applying for permanent resident status or a long-pending citizenship application need answers fast, and if a judge believes the USCIS is needlessly taking too long, they can order the USCIS to make a decision immediately.
Foreign nationals seeking to become naturalized must attend an interview with the USCIS. Unfortunately, the USCIS often fails to schedule these interviews in a timely manner or to make a decision after the interview has been conducted. Much like applicants for nonimmigrant status and lawful permanent resident status, individuals applying for American citizenship may take the USCIS to court if it refuses to take action on their application. A judge may then force the USCIS to schedule an interview or make a decision on an application.
Compelling the USCIS to Make a Decision
With the help of an immigration lawyer in Prince William County who understands how to tackle a delay in USCIS processing, a case can be filed against the USCIS electronically. Filing a case against the USCIS is typically more useful than frequent phone calls and inquiries. The case will name numerous defendants, including the USCIS and the Department of Homeland Security. The lawyer representing the federal government will also receive a copy of the case.
Once this is done, the court will review the case file and issue a summons to the USCIS and the other named parties. When the USCIS receives the summons, they will have 60 days to issue a response. The lawyer for the USCIS will then reach out to a local USCIS field office to ask why the agency is taking so long to make a decision.
Once this occurs, the office will usually make a decision. Rarely will the case make it all the way to court. Most cases are resolved in this manner, but if a case has to go before a court, individuals should work closely with a Prince William County immigration delay lawyer to craft a legal strategy.
Prince William County Immigration Attorney Can Help with a USCIS Delay
No one should be forced to wait indefinitely for a decision regarding their naturalization or other application for immigration benefits. The application process can be nerve-wracking, and when the USCIS refuses to act in a timely manner, the process only becomes more stressful.
If the USCIS is taking unusually long to make a decision regarding your application or interview, you do have legal options at your disposal. Contact a Prince William County immigration delay lawyer for additional information.