What To Consider When An Immigration Application Has Been Pending More Than A Year
An immigration application that has been pending for more than a year deserves a careful look. A long wait can make it difficult to plan for your family, work, and future. But there is no single number of months that automatically makes every immigration delay unlawful. The right next step depends on the application and the facts. If you or someone you know is in this situation, an immigration lawyer from Brooks Law Firm can guide you through the process. Call us at (617) 245-8090.
Start with the timeline
Before deciding whether to sue, it helps to put the history of your application in one place. When was it filed? Have you attended an interview? Did the agency request more evidence, and when did you respond? Have you received an explanation for the delay?
Gather your receipt notice, copies of the application, interview notices, requests for evidence, responses, and any messages about the case. Keep a record of inquiries you have already made. These details help a lawyer identify what stage the case has reached and what may still need attention.
How a delay claim is evaluated
An unreasonable-delay lawsuit involves more than counting months. Courts may consider the agency’s explanation, any timetable set by law, competing agency priorities, and the interests harmed by the delay. The analysis is often fact-specific. Two applications filed on the same day may present different legal issues.
A naturalization lawyer also needs to evaluate whether the court can hear the claim and what action the law requires the agency to take. Depending on the circumstances, the review may include a possible claim under the Administrative Procedure Act or a request for an order requiring the agency to perform a legal duty.
The goal of a delay case is generally to obtain action on an application. It does not remove the eligibility requirements for the immigration benefit or guarantee a favorable decision. A review should consider the underlying application as well as the delay.
Citizenship cases have a separate rule
Naturalization applicants should distinguish waiting for an examination from waiting for a decision after it. Under 8 U.S.C. § 1447(b), if USCIS has not decided an application within 120 days after the naturalization examination, the applicant may seek a hearing in the federal district court where the applicant lives.
The court may decide the matter or send it back to USCIS with appropriate instructions. This is a specific naturalization remedy. The 120-day period is not measured from the date every immigration application was filed, and it does not apply to all immigration benefits.
If you have not yet had your naturalization examination, that particular 120-day rule has not started. Other possible delay claims require their own analysis. Tell your lawyer exactly when any interview took place and provide the notice or results you received.
Talk with Brooks Law about your wait
We would like to speak with people whose immigration applications have been pending for more than a year. That includes a review of the type of application, its timeline, and any particular harm caused by the waiting. One year is our invitation to seek a review, not a promise that a lawsuit is available or appropriate.
Contact Brooks Law with your filing date, interview date if there was one, and recent agency notices. We can assess which options fit your circumstances and explain what each option can realistically accomplish. Call (617) 245-8090 or send a message here.
