If you’re applying for a green card or a work-and-live visa to the United States, it goes without saying that you must have had to learn the virtue of patience. For a particular individual, a good amount of patience would then be needed to wait weeks, months, or even years for a response on an immigrant processing application. This article will go on to shed some light on the sphere of immigration processing delays: the extent of it, why it’s most predominant in certain countries, and what to do if your immigration case is facing delays excessive in length.
The State of USCIS Delays: Understanding Immigration Application Processing Times
Since USCIS handles millions of applications each year, the waiting period for a decision varies depending on the application type and where the applicant resides. Below are some examples:
U.S. Citizens Applying for Spousal and Child Green Cards
U. S. citizens are not exempted from the long wait when sponsoring their spouses and young children for green cards. Thus, the approval of the I-130 petition, which is the first step in the process, may take up to 14 months. However, the most unfortunate aspect is that these long delays are most prominent in areas that fall under the jurisdiction of the USCIS Texas or Potomac Service Center.
Even for a B-2 or a tourist visa to allow the foreign spouse to visit during this period of separation, the process is tremendously difficult if the spouse is abroad. Foreigners who have filed an I-130 or green card application may be seen as intending to stay permanently in the U.S., which can make them ineligible for a tourist visa.
Green Card Holders Seeking U.S. Citizenship
Applicants with green cards planning to apply for citizenship of the United States that make their application through N-400, get interviews with USCIS only after two years of that application.
Applicants may have to wait several additional months after their interview if USCIS requests more information before granting citizenship.
Asylum-Seekers in Immigration Court Proceedings
Asylum seekers are in a very vulnerable position when appearing in immigration court. In particular, they have to wait for a decision an average of four years and a half. Managing a backlog of over 660,000 cases awaiting a judge is daunting. This situation creates significant hardships for applicants, including family disruptions, economic struggles (since most cannot work without a permit), and ongoing anxiety about being sent back to the countries they are fleeing.
Unpacking the Causes of Immigration Processing Delays
It is extremely large, constantly underfunded, worldwide, and handles millions of people every year. While some delays are inherently unavoidable, several factors contribute to the current crisis:
The Legacy of the Trump Era
The past administration of the U. S. of America initiated measures that made the immigration process even more rigorous. This included mandatory USCIS interviews for employment-based green card cases that previously didn’t require interviews. These changes made the process longer and more cumbersome.
The Pandemic’s Impact
COVID-19 restrictions also disrupted immigration operations, leading to office closures, limited staff availability, and fewer in-person meetings. Also, Social distancing guidelines forced schedule changes, which caused further delays.
Technological Hurdles
The immigration system remains technologically challenged, which makes it slow and less effective. The modernisation of this infrastructure is now urgent but this has its requirements that must be met.
The Mystery of the “A-Files”
It has emerged that thousands of paper-based immigration files, also known as the “A-Files,” are housed in Missouri caves. USCIS explained that due to COVID-19-related measures, it cannot get access to these files. While A-files are typically not under active review, they become crucial when lawful permanent residents apply for U.S. citizenship. USCIS relies on these records to verify the absence of fraud in obtaining a green card. Without access to the A-file, the citizenship decision is jeopardized.
Taking Action If Your Immigration Case Is Delayed
If you find yourself waiting for months or even years for an immigration decision, it’s essential not to panic. You are likely not singled out for unfavourable treatment, nor is your case languishing in a USCIS cave (although, regrettably, some cases do get lost). Here’s what you can do:
Monitor Your Case
For many application types, the U.S. government provides average processing times and allows you to track your application using its case number. If your case status indicates “pending” and the normal processing time is less than what you’ve already endured, consider submitting an individual inquiry. Visit the USCIS processing times page for more information. Although inquiries to USCIS or the immigration court system may not yield immediate results, they initiate the process of addressing your concerns.
Contact USCIS
You can also reach out to USCIS by phone through its Contact Center. Be prepared to navigate an automated system and request a call-back.
Seek Legal Assistance
Consider hiring an immigration attorney if you haven’t already. Attorneys cannot expedite bureaucracy, but they can manage the administrative aspects of inquiries. They possess the expertise to determine if any unusual issues are impeding your case.
Common Reasons for Immigration Case Delays
Backlogged Cases:
The most significant cause of delays is the backlog within the U.S. immigration system. As of mid-2022, there were approximately 1.8 million cases pending, largely due to the COVID-19 pandemic, which caused office closures and a halt in in-person services, leading to an accumulation of applications that the USCIS is still working through today.
Longer Processing Times:
Processing times vary by region and type of application. Certain USCIS offices are more backlogged than others, and many cases can take a year or more to process. It’s essential for applicants to check the USCIS website for current processing times relevant to their specific case.
Requests for Evidence (RFE):
If USCIS requires additional information to proceed with an application, they will issue an RFE. This is a common occurrence and does not imply rejection; however, it can extend the processing time if the requested information is not provided promptly.
Lost Paperwork:
Administrative errors, such as lost files or documents, can also lead to significant delays in processing immigration cases. Keeping track of your application status is crucial to identify if such issues arise.
Administrative Processing:
Some applications may be subject to additional scrutiny known as administrative processing, which can delay decisions beyond normal processing times. This often occurs due to concerns about eligibility or specific legal complications related to the applicant’s background.
Increased Requirements and Regulations:
Changes in immigration policy can introduce new requirements that slow down processing times. For instance, during certain administrations, additional interviews or documentation were mandated, contributing further to delays.
Resource Allocation Issues:
The redirection of resources to urgent issues at the Southern U.S. border has impacted the efficiency of immigration processing, as personnel and focus shift away from other applications.
However, it’s important to note that attorneys cannot venture into locked caves to retrieve your A-file. In cases where access to such files is necessary, addressing the situation might involve reaching out to your congressional representatives.
Navigating immigration delays can be a daunting challenge, but understanding the causes and taking appropriate action can help you navigate this complex process. While the wait may be frustrating, it’s essential to remain informed, monitor your case, and seek professional guidance when necessary. With persistence and patience, you can navigate the path to your desired immigration status.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Diversity Visa or a Non-Immigrant Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
