Can you sue USCIS for taking too long?

Asked by: Miss Tara Maggio III  |  Last update: February 14, 2023
Score: 4.5/5 (1 votes)

You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary documentation for these types of cases, visit our page on Lawsuits against the U.S. Immigration Service (USCIS).

How long it will take to sue USCIS?

The court is permitted to issue an order requiring that USCIS adjudicate (make a decision) on the application within a specific period of time, generally 30 to 90 days.

Can we sue USCIS?

Rights for Citizenship Applicants Under Federal Law

The law says that any government agency, including USCIS, has to decide your case within a reasonable amount of time. If the immigration service refuses to act, you can sue them in federal court by filing a lawsuit against USCIS.

Why is USCIS taking so long to process 2020?

Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times.

Why my case is taking so long USCIS?

Many factors may affect how long it takes USCIS to complete an application, petition or request, such as the number of applications, petitions, or requests we receive, workload and staffing allocations, the time a benefit requestor takes responding to a request for more information, as well as policy and operational ...

Does USCIS Strike Back When You Sue?

33 related questions found

Why is USCIS taking so long to process 2022?

Jaddou on agency-wide backlog reduction efforts and processing times on Wednesday, May 18, 2022, from 2-3 p.m. Eastern. COVID-19 restrictions, fiscal issues, a hiring freeze, and other factors have greatly exacerbated processing delays and backlogs, and placed burdens on applicants and petitioners.

Can I call USCIS to ask about my case?

The phone number you will need to call to inquire about your pending case is 1-800-375-5283. For the hearing impaired the phone number is 1-800-767-1833. Follow the prompts and punch in your receipt number on the prompt. Wait to be connected to the first level of customer service.

How long does it take for USCIS to update case status?

Usually, USCIS receipt notice can take anywhere from 15 to 30 days. Sometimes, if there are delays at the Service center, there are cases, where it can take few months. In such cases, you should reach out to USCIS to get to know more.

How long does it take USCIS to make a decision after interview 2021?

It is common for United States Citizenship and Immigration Services (“USCIS”) to take quite some time to issue a formal decision in a Naturalization case after the applicant has his/her interview. As a matter of regulation, USCIS has 120 days to issue a decision.

How long does it take USCIS to schedule an interview 2021?

In many cases, it can take at least 7-12 months to get an interview scheduled, but you may have a longer wait depending on your situation.

How can I file a complaint against USCIS?

You may also call the USCIS Contact Center at 1-800-375-5283.

How do I contact USCIS ombudsman?

Case Assistance

Call the USCIS National Customer Service Center at 1-800-375-5283.

What happens if USCIS does not respond?

Step 3: In the event you do not receive a response within 21 days of contacting the appropriate Service Center, you may email the USCIS Headquarters Office of Service Center Operations by email at: SCOPSSCATA@dhs.gov. You will receive a response from this email address within ten days.

Can you sue the US Consulate?

Under the doctrine of “consular non- reviewability”, a person cannot even sue the embassy or appeal their visa refusals in US federal courts. The US Supreme Court ruled the Embassy is not even required to provide a “detailed explanation” of the reasons for the visa refusal.

What is mandamus lawsuit?

A mandamus action is a lawsuit that is brought against the Government, not for money, but to make the Government do something that it is required to do. Sometimes the Government takes too long to process an application for a green card or naturalization.

How do I file a mandamus against USCIS?

In order to get a mandamus issued, you and your lawyer must generally show the court that:
  1. you have a clear right to the relief request;
  2. the defendant (in this case USCIS) has a clear duty to perform the action you want to be ordered; and.
  3. you do not have any other adequate remedies available.

How long does it take USCIS to make a decision after interview 2022?

Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. In a green card application, the USCIS is supposed to provide you with an official notification of their decision within 30 days of your interview.

Why is my i 485 taking so long?

Allow travel/​work authorization based on I‑485 receipt to free up resources for final green card adjudications. The main issue that USCIS has publicly identified as a cause of the lengthy delays in processing is the lack of manpower.

How long does USCIS take to respond to messages?

Online Messages

Benefit requestors can send messages and inquiries directly to the USCIS Contact Center, without an online account, and receive an email or phone response within 24 to 48 hours.

Why is USCIS case status not updated?

It is possible: That your case has been approved but the status is not yet reflecting online on the USCIS website. Usually, it gets updated in about 1-5 days as shared by many Reddit users. The action on your case can be anything like Approval, RFE, Denial, Biometric appointment issued, etc.

Can I call USCIS to check status?

Our toll free number is 800-375-5283 (TTY 800-767-1833) and our hours of operation are Monday to Friday, 8am to 8pm Eastern.

How do I follow up on USCIS?

Call the USCIS Contact Center at 800-375-5283. Visit the Feedback Opportunities page.

Does USCIS service request help?

A Service Request with USCIS is also sometimes called a Case Inquiry. A successful Service Request may help speed up case processing with USCIS.

How do you write to a senator for help in immigration case delay?

Determine your local representative and find the full name and address of your senator. Since representatives are busy people, determine which office will receive the letter first. If you live in the same city that your senator's office is located in, send the letter there instead of any location out of your state.