Can I sue USCIS for delay of I 130?
Asked by: Matilde Howe | Last update: October 6, 2023Score: 5/5 (2 votes)
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 over unreasonable delays.
Can you sue USCIS for delay?
It is possible to sue the United States Citizenship and Immigration Services (USCIS) for delays in your naturalization case, but it is not a common or straightforward process. The USCIS is a government agency and, as such, is generally immune from lawsuits for monetary damages.
What to do if I-130 is taking too long?
If you do not receive a decision or other notice of action from the service center within 60 days, please call Customer Service at 1-800-375-5283 or submit an inquiry using e-request at https://egov.uscis.gov/casestatus/landing.do.
Can I take legal action against USCIS?
Under the current Immigration & Nationality Act and the Administrative Procedures Act a complaint (a legal action), or Writ of Mandamus, may be filed in the U.S. District Court if the USCIS has failed to issue a decision on a properly filed immigration application after a “reasonable” period of time.
What to do if my USCIS case is delayed?
- Check Your Immigration Case Status. ...
- Check Your Immigration Case Process Time. ...
- Send an Immigration Case Inquiry. ...
- Call USCIS About Your Immigration Case. ...
- Submit an Immigration Case Assistance Request to USCIS Ombudsman Office.
What Happens After I Sue the Government for My Immigration Delay
How do I complain about USCIS delay?
Submit an e-Request to USCIS if your case is beyond the published processing times. You can also submit an e-Request to check on appointment accommodations, typographic errors, or delayed delivery of documents, notices, or cards. Submit a request through your USCIS online account at https://myaccount.uscis.gov/.
Can I call USCIS to speed up my case?
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).
How much does it cost to file a mandamus against USCIS?
The cost of filing a petition for writ of mandamus in California is $500, but may vary in other states. The legal fees for filing with an attorney may be different depending on the circumstances of your case.
Does USCIS investigate the petitioner?
USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks.
How do I file an Appeal with USCIS?
An appellant must use Form I-290B, Notice of Appeal or Motion, to file appeals with the AAO. Form I-290B and the instructions for completing the form are available to review, print, and download at www.uscis.gov/i-290b.
What is the longest I-130 processing time?
For a spouse of a U.S. lawful permanent resident, the processing time of Form I-130 takes between 14 and 37 months.
Is there a way to speed up I-130?
- Submit a strong application the first time, and apply as soon as you can.
- File an expedite request with USCIS.
- Reach out to your congressional representative directly for help.
- Stay in touch with USCIS. You can check the status of your petition online or by calling USCIS.
What is the current wait time for I-130?
Form I-130 (officially called the “Petition for Alien Relative”): The current wait time for Form I-130 is 12.4 months.
Can I file a complaint against USCIS?
Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant's name and information about the nature of the complaint.
Can you write to a senator for help in immigration case delay?
If you'd like to reach out for help, you'll need to find out who is either your congress member in the House of Representatives or your state senator. While you can contact either of them, generally you should only reach out to one office, to avoid overlapping requests and other delays.
How long does USCIS have to respond?
How long does it take USCIS to make a decision after RFE? It can take up to 60 days under standard processing for a decision, but this can be reduced to 15 days with premium processing.
Are USCIS officers friendly?
They might ask, “How are you?” or something similar. Many will make small talk, such as commenting about the weather. Most people report that their USCIS interviewer was friendly, but there are exceptions. The officer will explain the purpose of the interview.
Can you call someone to check my USCIS status?
By phone: If you are calling from the U.S., contact the USCIS National Customer Service Center at 1-800-375-5283 or TTY 1-800-767-1833. If you are outside the U.S., call 212-620-3418 or contact a USCIS international field office.
Can USCIS see your social media?
Does USCIS Screen Your Social Media Activity? Yes, USCIS may survey your social media accounts. Their surveillance is strictly for the evaluation of your application for immigration benefits. Their findings can influence a decision about your eligibility.
Does mandamus lawsuit work?
Can I Win My Mandamus Lawsuit? Yes! These lawsuits are often successful because they put pressure on the government to take action on pending cases.
How long does mandamus lawsuit take?
On average, a writ of mandamus will get results within 20 to 30 days. Typically, 60 days is the maximum time it will take as that is how long the US embassy or USCIS has to submit their answer to the mandamus order in court.
How successful is a writ of mandamus?
The success of a writ of mandamus depends on the individual factors of the case, such as the length of how long the case is pending. So, there are no standard success rates.
Can Congressman help with USCIS?
If your case extends beyond typical processing timelines and you have exhausted all administrative solutions, Congressional aid can prove to be beneficial. Here's a step-by-step guide on how to seek Congressional intervention when your immigration case encounters roadblocks.
Which Uscis office is the fastest?
The most efficient U.S. Citizenship and Immigration Services field office is also stated to be in Cleveland.
How do I speak to an officer at USCIS?
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. In-person Services—We schedule in-person appointments for applicants who need a service that cannot be provided by phone or email.