10 Top Reasons for USCIS Case Delays and How to Avoid Them

• William Gall

The U.S. Citizenship and Immigration Services plays a massive role in the immigration process. They handle everything from nonimmigrant status applications to immigration benefit processes.

However, processing delays can significantly extend approval waiting times. As an applicant, it’s frustrating to wait for nothing. Understanding why these delays happen and learning how to prevent them can streamline your immigration case and reduce waiting time. Learn more about them in this guide.

Key Takeaways:

• Case delays in USCIS can occur for various reasons, such as incomplete applications or a surplus workload in service centers.
• You can request expedited processing if your case is urgent.
• Sometimes, external agencies that work with USCIS can cause delays as well.
• An expert immigration lawyer can check your application forms, write a strong response to USCIS’s requests, and file case inquiries for you.

Incorrect or Incomplete Applications

This mistake can cause major processing delays. Some common reasons include inaccurate information, forgetting signatures, and failing to include supporting documentation.

So before you can say, “My case is being actively reviewed by USCIS,” you should review your application while it’s in your hands. Use the official government website to check application requirements and prepare the ones you don’t have yet.

Security Screenings and Background Checks

Your application needs to undergo a background check process to make sure you’re not a threat to national security. USCIS may take the time to review your case if there are security concerns.

Make sure all your information is up to date. If your case is delayed due to national security screenings, consult an immigration attorney to learn the next steps.

High Application Volume

Each USCIS service center handles different cases. Some may have higher volumes than others, resulting in backlogs and impacting normal processing times.

To avoid this, you should:

• Apply to a USCIS office with shorter wait times.
• Check the USCIS website for estimated processing times of each case.
• Submit your application early to avoid potential delays.

Delays Due to Requests for Evidence (RFEs)

USCIS may send you an RFE when they think your application lacks evidence. This can put your application on hold until you respond to them.

You can avoid this by submitting all the required documents. If you get an RFE, answer right away with thorough evidence.

Administrative Processing and Internal Reviews

Some cases, like employment authorization visas, may need additional administrative reviews. If your application falls into the employment category, regularly check your case’s status on the USCIS website to be updated with the progress.

You can also file a case inquiry with USCIS if experiencing unexplained delays. Another option would be to seek assistance from a congressional representative to expedite the case.

Expedited Processing Requests and Delays

You can request expedited processing if your case is urgent. However, USCIS grants these requests on a case-by-case basis, usually for humanitarian concerns or severe financial loss. To get granted, submit expedite requests with strong supporting documentation.

Transfers Between Service Centers

USCIS may distribute the work between service centers to create a more balanced workload. This may speed up processing while causing delays.

Be informed about where your case is being processed. You can track your receipt number on the USCIS website for more information. If you think your case is delayed, file a case inquiry to the nearest USCIS office.

In-Person Interviews and Scheduling Delays

Applications for citizenship and green cards require interviews at any USCIS office. When the agency has backlogs in scheduling, you may have to wait a while for your application to be processed.

Keep monitoring your case for interview scheduling. When you get a schedule for an interview, bring all the required documents and double-check your application forms to avoid rescheduling.

Errors or Miscommunication from USCIS

Some delays in USCIS are due to lost documents or incorrect updates. This can be inevitable since the agency receives hundreds and thousands of applications every month, and it’s out of your control.

Keep copies of all the documents you submit as you complete your application. If you see discrepancies in your application, contact the USCIS immediately.

Delays Due to External Agencies

USCIS works with other agencies, such as the Department of Homeland Security and law enforcement, to verify applications. These external checks can often cause unavoidable delays.

That’s why it’s important for you to check if all the details in your forms are accurate. It prevents processing delays and saves more time and money.

Why Hire an Immigration Attorney for Application Delays

Immigration lawyers know the immigration system really well. Consulting with them when your application is delayed can help you with many things. Here’s how:

• Expert Guidance on USCIS Procedures

Immigration lawyers know USCIS policies, application deadlines, and procedures, allowing you to navigate delays efficiently.

• Case Assessment and Delay Identification

These lawyers will go deep into the root cause of the delay, whether it’s missing documents or extensive background checks.

• Filing Inquiries

Your lawyer can submit expedite requests and case inquiries to the USCIS so your case can be processed immediately.

• Assistance with RFEs

If USCIS sends you an RFE, your lawyer can draft a strong response before the deadline, avoiding complications with your application.

• Communication with USCIS Officers

Your attorney can talk to other USCIS offers and ask for updates about your case, ensuring it’s properly reviewed and handled.

• Application Reviews

The lawyer can review your application to see if missing information or mistakes could cause a delay.

• Legal Representation

If USCIS makes an error and delays your case, your attorney can file complaints and appeals to resolve it.

• Dealing with Complex Cases

A lawyer’s expertise can include helping applicants with previous visa denials, criminal records, or complex immigration histories.

• Help with Interview Preparation

Expect your attorney to prepare you for the interview by asking you potential questions the USCIS may ask in the actual one.

• Providing Alternative Options

You can ask your lawyer for other options for application approval if your case is still delayed.

• Setting Clear Expectations

Lawyers will compare current processing times with your case to tell you what to expect with the delays.

• Compliance with Immigration Law

Lawyers will always follow immigration law in every case they work on, so your status won’t be compromised while you’re in the U.S.

Working with an experienced immigration lawyer will save you time and money and give you peace of mind. Your case is in good hands with them.

Final Thoughts

The immigration system can be complex, and delays are often common and beyond anyone’s control. Understanding common causes and being proactive help you minimize delays. Whether you want to be a naturalized citizen or work in the U.S., getting the help of a seasoned immigration lawyer can ensure a smooth application process.