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. The catch? I-130 approval simply gives the applicant the go-ahead light to proceed to the actual green card application therefore expect more waiting.
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 a green card application stand a high chance of being deemed as having the intention to permanently stay in the U.S., making them ineligible to apply 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.
They might have to wait for several more months after the interview in case the USCIS wants more information from them before they are sworn in as new citizens.
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. It is a daunting task to manage the docket where more than 660,000 people are waiting to be heard by a judge. The impact on these applicants is very cruel, including family disruption, economic struggle (as almost none of them can get a job with the permit), and constant anxiety about being repatriated to the very country they are trying to escape from.
These examples only serve as examples of the tip of the iceberg of slow and complex immigration procedures.
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 comprised mandatory USCIS interviews in employment-based green card cases that were not previously interview-based. All these changes that were made to the process made it even more lengthy and cumbersome as it was.
The Pandemic’s Impact
The restrictions on movement due to the COVID-19 outbreak also affected the operations of the immigration agencies since offices were closed, few employees were available, and physical meetings were limited. Owing to the social distancing guidelines and health considerations, some alterations had to be made to the schedule which in turn caused the delay.
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 unfavorable 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.
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.
