Time for immigs to sue as Trump throws up roadblocks
Delays, delays, delays. That’s what I’m hearing from readers. The Trump administration is trying to restrict all types of immigration, from family unification, to sponsored workers, to job-creating entrepreneurs. Immigrants worry that long delays will become disappointing denials. It’s time to sue!
Getting legal status is harder these days as Trump uses his executive power to block immigrants on the path to permanent residence and U.S. citizenship.
Some delays are due to steps added to the process. Others, like those faced by citizenship applicants, come from a higher volume of applications with U.S. Citizenship and Immonths migration Services’ unwillingness to hire more adjudicators.
More applicants are receiving the dreaded RFEs — requests for additional evidence. For a few applicants, the delay is caused by lengthy background checks.
What can you do if you’re concerned about a delay in your application?
Start by checking USCIS processing times at https://egov.uscis.gov/ processing-times/. You may be surprised how long routine cases are taking. If fewer than six have passed since the predicted processing time noted, be patient.
The information is only approximate and is often inaccurate. Try calling the USCIS information line, (800) 3755283. You’ll likely get little useful information, but at least you’ll get USCIS’ side of the story.
Or, make an appointment to visit your local USCIS office, using the Infopass system at http://infopass. uscis.gov/.
With delays of six months or more beyond the USCIS processing time estimate, contact your U.S. representative or senator and ask them to inquire for you.
Be persistent. Often the congress member will get the same answer you got from USCIS: “The case is pending,” but at least you’ll be giving your representative an idea on how badly USCIS is treating immigrants.
The only sure way to get USCIS to do its job is to sue the agency in federal court. In what we call a “mandamus” action, you are asking the court to order the agency to make a decision in your case. Sometimes just the filing of a mandamus action gets USCIS to act.
I’ve been encouraging civil rights organizations to bring a broad lawsuit against USCIS over the delays, particularly in naturalization cases.
Stay tuned.