Immigration delays can severely disrupt lives, careers, and family plans. Applicants often wait months or even years without updates on their pending applications. While delays are common, there are effective ways to move your case forward — including congressional inquiries, Ombudsman assistance, expedite requests, and, most importantly, mandamus lawsuits.
This guide explains each option in detail and shows how to address government inaction and expedite your immigration case.
Understanding Immigration Delays
Delays in immigration cases occur for a variety of reasons, including agency backlogs, administrative errors, security checks, and staffing shortages. They affect applications for green cards, visas, asylum, naturalization, and work authorization.
When your case has been pending far beyond standard processing times, it is critical to explore all available legal and procedural options to prevent further delay.
1. Congressional Inquiry: Involving Your Elected Officials
A congressional inquiry is one of the most effective early steps to push a delayed immigration case forward. Members of Congress and U.S. Senators have direct channels to contact agencies such as USCIS and the Department of State (DOS). When they intervene on behalf of a constituent, agencies are often more responsive.
How a Congressional Inquiry Works
Once your representative’s office contacts the relevant agency, USCIS or the consulate will provide a case status update and may prioritize the matter. Agencies tend to respond promptly because they are accountable to elected officials.
Steps to Submit a Congressional Inquiry:
- Contact your U.S. Representative or Senator.
- Provide complete details of your immigration case, including receipt numbers and personal information.
- Request that they submit an inquiry to the relevant agency on your behalf.
While congressional inquiries do not guarantee immediate action, they can speed up agency responses and provide valuable updates.
2. Ombudsman Assistance: Independent Review of Your Case
The Office of the Citizenship and Immigration Services Ombudsman (OCIS) is an independent office within the Department of Homeland Security (DHS) that helps applicants resolve issues with USCIS, including prolonged delays.
The Ombudsman can:
- Review cases that have been pending for extended periods without a decision.
- Help resolve communication problems or inconsistent information from USCIS.
- Recommend actions USCIS can take to resolve your case more efficiently.
Steps to Request Ombudsman Assistance:
- Visit the DHS Ombudsman website and complete Form DHS-7001.
- Submit supporting documents and explain the reason for the delay.
- Wait for the Ombudsman’s office to review and respond.
Ombudsman intervention is often most effective when combined with other strategies, such as a congressional inquiry or a Mandamus lawsuit.
3. Expedite Request: Direct Appeal to USCIS
You may submit an expedite request directly to USCIS if your case qualifies under specific criteria. USCIS reviews these requests on a case-by-case basis.
Common Grounds for Expedite Requests:
- Severe financial loss to an individual or company.
- Urgent humanitarian reasons.
- U.S. government interests.
- Error or administrative oversight by USCIS.
How to Submit an Expedite Request:
- Submit the request through your USCIS online account or call the USCIS Contact Center.
- Clearly explain the reasons for expedited processing.
- Provide documentation if requested.
Expedite requests are not guaranteed and are granted only in exceptional cases.
4. Mandamus Lawsuit: The Most Effective Tool Against Unreasonable Delays
A Mandamus lawsuit is the most powerful method to force agency action when all other strategies have failed. A Writ of Mandamus is a federal court order requiring a government agency, such as USCIS or DOS, to act on a case that has been unreasonably delayed.
When to Consider a Mandamus Lawsuit
A Mandamus lawsuit becomes appropriate when:
- A green card application is stuck in administrative processing.
- An asylum interview has not been scheduled for years.
- A visa application is delayed due to excessive background checks or security clearances.
Steps to File a Mandamus Lawsuit:
- Consult an Immigration Lawyer: Filing a Mandamus lawsuit involves federal litigation and strict procedural requirements. An experienced lawyer increases your chance of success by preparing a strong complaint and managing legal filings.
- File in Federal Court: Your lawyer will file the lawsuit against the appropriate agency. Once filed, the government typically has 60 days to respond.
In most cases, the government chooses to act on the pending case rather than contest the lawsuit, making Mandamus a highly effective solution.
Choosing the Right Strategy
The best approach depends on the nature and duration of your delay:
- Congressional inquiry or Ombudsman assistance are often appropriate early steps for routine delays.
- Expedite requests may be effective in urgent or exceptional circumstances.
- Mandamus lawsuits are the strongest option when delays are clearly unreasonable, and all other approaches have failed.
The Importance of Hiring a Lawyer for a Mandamus Lawsuit
Filing a Mandamus lawsuit requires specialized legal knowledge and familiarity with federal court procedures. Immigration law is complex, and even minor errors — such as incorrect filings or missed deadlines — can result in dismissal.
Working with an experienced immigration lawyer significantly improves your chances of success. A skilled lawyer ensures that your case is presented effectively, procedural requirements are met, and the government is held accountable for unreasonable delays.
Final Thoughts
Immigration delays can be deeply frustrating, but several legal and procedural tools exist to address them — including congressional inquiries, Ombudsman assistance, expedite requests, and Mandamus lawsuits. Among these, a Mandamus lawsuit is often the most powerful and reliable way to compel government action on long-pending cases.
At Immigrant Lawyer, we focus on resolving immigration delays through proven legal strategies, including Mandamus litigation. Contact us at +1 (972) 333 2121 for a free case evaluation and take the first step toward moving your immigration case forward.
