Can you sue immigration for taking too long?
Asked by: Cassandra Collins | Last update: August 10, 2025Score: 4.7/5 (21 votes)
You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the immigration service is taking longer than normal to make a decision on your case.
Can you sue USCIS for slow processing?
If an immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR), has failed to process or make a decision on an application or petition within a reasonable time frame, an individual may file a petition for a writ of mandamus to compel the agency ...
What can I do if my immigration case is taking too long?
- Check USCIS Case Processing Times. ...
- Submit a Case Inquiry With USCIS. ...
- Contact USCIS Customer Service. ...
- Contact Your Congressional Representative. ...
- Request Expedite Processing If Applicable. ...
- Contact the USCIS Ombudsman Office. ...
- Consult an Immigration Attorney.
Can a lawyer speed up the immigration process?
While an immigration attorney cannot per say “speed up” your case, the immigration attorney is knowledgeable in immigration law and will know the best strategy and options for your case. Undeniably, this avoids any unreasonable delay by anyone lacking specialized knowledge in this area of law.
How much does it cost to sue immigration?
The first concrete cost you'll encounter is the court filing fee when you decide to sue USCIS or file a mandamus lawsuit against USCIS. As of 2024, the filing fee for a civil action in federal district court is $405.00. This fee must be paid when submitting your complaint to the court.
Is Your Citizenship Taking Too Long? Concerned About Filing A Lawsuit?
Is it a good idea to sue USCIS?
Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative.
Why are immigration lawyers so expensive?
Some have become so well-established that they can charge higher rates. Immigration law is a field where experience counts—this field is so complicated that it takes years to understand the ins and outs. Then again, the lawyers who charge the highest rates aren't always the best ones.
Who can I contact to speed up my immigration progress?
For most cases, you may request an expedite by contacting the USCIS Contact Center or by asking Emma.
Can I sue my immigration lawyer?
If you have consulted with or hired an immigration consultant to assist you with your immigration case, and you believe that he or she has violated the law, you have the right to sue the immigration consultant for damages.
Why is my immigration status taking so long?
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 ...
Can you pay to speed up your immigration process?
Premium Processing is a tool to speed up USCIS's review of your case with the payment of an extra fee. If this fee is paid, USCIS will process your case in 15 days. Please note that Premium Processing is not available for every type of case.
How long can immigration hold you?
If ICE does not assume custody after 48 hours, the LEA is required to release the individual. The LEA may not lawfully hold an individual beyond the 48-hour period.
What can I do if my USCIS case is taking too long?
For most applications, you can send us an inquiry if your case has been pending longer than the processing time posted. NOTE: We are actively processing your case if, in the past 60 days, you: Received a notice from us about your case, Responded to a request for evidence, OR.
Can I file a complaint against USCIS?
Benefit requestors and other interested parties should report allegations of discrimination promptly to a USCIS supervisor or to DHS CRCL. You may also report such allegations, including those involving physical assault, to USCIS OI or DHS OIG.
Can I sue USCIS for mistakes?
However, for bigger mistakes, you may want to file a lawsuit against USCIS to have a federal court overturn the decision, but these instances may still entail going through administrative appeals or the BIA.
Can a lawyer expedite an USCIS case?
Expedited requests: USCIS and other agencies may agree to expedite a case under certain circumstances, but these are rare and typically involve urgent matters. I can request expedited processing if the applicant can prove that there is a compelling reason for urgency.
Can I speak to an immigration officer?
Our toll-free number is 800-375-5283 (TTY 800-767-1833, VRS 877-709-5797) and we answer live calls and chats Monday to Friday, 8am to 8pm Eastern.
Why is USCIS moving so slow?
The next biggest reason why USCIS is moving so slowly is because they are still understaffed. The agency had a hiring freeze between 2020 and 2021, resulting in 1 in 5 job positions going empty. Afterwards, USCIS did hire more people, but even today, USCIS only has 21,000 actual employees.
Why do some USCIS cases take longer?
Many factors impact processing times, including the number of applications, petitions, or requests we receive, workload allocations, and staffing levels, among other factors. Case-specific factors may also make an individual adjudication more complex, requiring additional adjudicative time.
How do I talk to someone at USCIS customer service?
1. USCIS Contact Center. For the convenience of benefit requestors and other interested parties located within the United States, the USCIS Contact Center provides a toll-free phone number: 1-800-375-5283 (TTY: 1-800-767-1833). For more information, see the USCIS Contact Center webpage.
What is the maximum time for administrative processing?
How long does administrative processing last? The Bureau of Consular Affairs considers 90 days to be the normal processing time. Most cases are resolved in a few weeks, but some can last for several months. A few can last over six months.
Do immigration lawyers really help?
Having an immigration attorney who is an expert in the specific sub-field, whether employment-based, family-based, or humanitarian, also helps ensure each immigrant applies for and obtains the appropriate form of relief specific to their unique situation.
How much does a US immigration lawyer charge?
Understanding how much an immigration lawyer costs in the US is essential for immigrants. Hourly rates typically range from $150 to $500, depending on the lawyer's experience and location. In big cities, highly experienced attorneys may charge over $1,000 per hour.
How can I talk to an immigration lawyer for free in the USA?
If you need legal advice about an immigration matter but cannot afford to hire an attorney, you may be able to ask an attorney, an association of immigration lawyers, a state bar association, or an organization specially -accredited to provide such assistance about the availability of free or reduced cost legal ...