Why Is My Immigration Case Taking So Long?

May 14

If you’ve filed an immigration petition or application and feel like it's taking forever to hear back, you’re not alone. One of the most common frustrations shared by immigrants and their families is the long wait times associated with U.S. immigration processes.

In this post, we’ll break down why your immigration case might be delayed, what you can do about it, and when it may be time to seek legal help.

1. USCIS Backlogs and Understaffing

Over the past several years, U.S. Citizenship and Immigration Services (USCIS) has faced significant case backlogs. This is due in part to:

A rise in applications across all categories
Reduced staffing and resources
COVID-19 related office closures and disruptions
Changes in policies that created procedural bottlenecks

As of 2025, USCIS is still working through that backlog, especially for forms like I-130 (Petition for a Relative), I-485 (Adjustment of Status), I-601A (Provisional Unlawful Presence Waiver), I-601 (Waiver of Grounds of Inadmissibility) and I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal)

2. Increased Security Screenings and Background Checks

Your case may be taking longer if it is undergoing additional background checks or security clearance. This is more common if:

You were born in or have traveled to certain countries
You have a complex immigration or travel history
There are discrepancies in your application

These security measures are not always disclosed to the applicant, but they can add months to the processing time.

3. Requests for Evidence (RFEs)

If USCIS needs more information or documents to make a decision, they’ll issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). These notices must be responded to within strict deadlines. Delays in responding—or providing insufficient responses—can pause or reset your processing time.

4. Interview Delays or Postponements

Many immigration cases require interviews. Delays may occur because:

Your local field office has a long waitlist
USCIS rescheduled your interview due to staff shortages or emergencies
You missed a scheduled interview or needed to reschedule

Even after the interview, some applicants are placed under “case held for review” status, which can add additional wait time.

5. Country-Specific Visa Limits (for Green Cards)

If you're applying through a family- or employment-based green card and you're from a country with high demand (like Mexico, India, China, or the Philippines), your case could be delayed due to annual visa number limits. In these cases, you must wait for your priority date to become current before a visa can be issued.

6. Errors or Incomplete Applications

One of the most common (and avoidable) reasons for delays is application errors, including:

Missing signatures
Incorrect filing fees
Incomplete or outdated forms
Wrong documents submitted

Even small mistakes can lead to rejection or long processing delays.

7. External Agency Delays

Some parts of the process may depend on third-party agencies, such as:

FBI name checks
Background verifications
Medical exams or vaccination records

If one of these agencies takes longer than expected, it can cause a ripple effect.

8. Policy Changes or Court Rulings

Sometimes immigration delays are the result of sudden policy shifts or court decisions. For example, a federal court ruling can pause adjudication of certain benefits or force USCIS to revise forms or criteria, delaying decisions for months.

What You Can Do

If your immigration case is stuck in limbo, here are steps you can take:

✅ 1. Check Your Case Status Online

Visit uscis.gov and use your receipt number to track updates on your case.

✅ 2. Monitor USCIS Processing Times

Use the USCIS Processing Times Tool to compare your case type and field office against the average wait.

✅ 3. Submit a Case Inquiry

If your case is taking longer than the posted processing time, you can submit a service request online.

✅ 4. Request Expedited Processing

In emergency situations such as medical needs, severe financial loss, or humanitarian reasons, you may request expedited handling—though approvals are rare.

✅ 5. Contact a Lawyer to Review Your Case

Sometimes your application is delayed due to technical issues, red flags, or errors that can be quickly addressed with professional help.

⚖️ 6. File a Writ of Mandamus (Lawsuit Against USCIS)

If your case has been delayed unreasonably, and all other avenues have been exhausted, you may consider filing a Writ of Mandamus in federal court.

A Writ of Mandamus is a lawsuit that asks a federal judge to order USCIS (or any relevant agency) to take action on your case. It does not ask the court to approve or deny your application—it simply requests a decision, whatever that decision may be.

This option is typically used when:

Your case has been pending well beyond normal processing times (e.g., over 12–18 months)
You’ve already submitted inquiries with no meaningful response
You’re suffering ongoing harm from the delay (such as family separation, inability to work, etc.)

Need help with this case? Our firm has helped countless families stay together. Contact us today for a consultation. We serve clients in New York, New Jersey, Arizona, and across the U.S.

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