USCIS continues to see unusually long processing delays
As anyone who has an application or petition currently pending with USCIS knows, wait times for processing have become exceedingly long. This is no illusion, as processing times between fiscal years 2017 and 2019 rose by more than 37% on average, despite a drop in overall cases during this same period.
Why is this happening? There are several contributing factors:
Understaffing and underfunding, which existed before but were exacerbated by the Trump administration, have slowed processing while also building a backlog of cases that continues to bloat administrative case loads;
The Trump administration implemented numerous new rules and roadblocks to a wide array of immigration benefits, creating red tape and delays across the board;
COVID-19: while the Biden administration has implemented many (though certainly not enough) of the fixes required to counter previous harmful policies, the global pandemic has caused unavoidable problems for the immigration system at large. For instance, USCIS offices, U.S. Embassies and Consulates abroad, and many other relevant agencies have faced slowdown due to necessary safety measures and even temporary closures. Biometric appointments, a necessary step for many case types, have seen a major backlog develop – which has been especially hard for those seeking work permits.
What can you do to manage these delays?
Always keep your attorney informed about any contact information changes, including phone number, email, and address. USCIS requires applicants (as well as anyone with already-approved benefits) to inform them of address changes in a timely manner, and not doing so may cause major delays and other problems;
With your attorney’s assistance, file application and petitions in a timely manner. For first-time immigration benefits, this means creating the best case possible. While further Requests for Evidence are normal, your attorney will help minimize delays throughout the processing of your case, start to finish. For renewals (work permits, green cards, etc.), your attorney will also help file at the ideal time under the law, as different benefits have different renewal windows;
Know that delays are inevitable at this time, regardless of what kind of case you have. This could mean you must simply wait as the adjudication process runs its course, but under certain circumstances you or your attorney may submit inquiries about your case status, request expedition for your case if you qualify, or even contact your Senator or Representative’s office for assistance.
If applicable, consult your attorney about new strategies or benefits you may qualify for. Certain case types take years to adjudicate, and in that time you may find that your circumstances have changed such that you qualify for another immigration benefit. Your attorney will be happy to consider changes or new information to see if you have additional avenues to status.
Big picture: for the vast majority of applicants, a long wait does not indicate any negative implications for your case, and are most likely the product of institutional factors and global concerns. That said, we know that long waits and delays are stressful and frustrating, regardless of how unavoidable they may be. This is why we do case status checks on all of our pending cases at least twice per month, and welcome our clients to politely inquire about their case at any time. We hope that this information, largely adapted from an AILA guide, has been helpful.