If your case has been stuck in the visa backlog
and you want to speed up your immigration process, there are a few things
you can do to get USCIS to prioritize your case.
Today, we are going to take a look at eight different things you can do
if your case is delayed with USCIS, as well as how effective each option is.
Stay tuned because one of these options works better than all the others
and you don't want to miss it.
And if this is your first time on my channel, be sure to subscribe
and turn on notifications for regular immigration news updates.
Before you try to get USCIS to expedite your case, it is important to understand
what standard processing times are for your application or petition.
These will vary depending
on which field office or service center you submitted your application to.
So first, go online to the USCIS page for processing times
and select the Form and Field office from the dropdown menu.
I will include a link to that page in the description below.
Once you know what a reasonable processing time is for your case, you can determine
whether or not it is delayed and taking longer than it should.
The first way you can avoid delays and speed up your immigration process
is by making sure your application is perfect before submitting it.
This is one of the most common reasons for delays, as applicants will often
submit their paperwork by themselves and make simple mistakes, such
as submitting the wrong form version, forgetting to submit a required document,
paying the wrong fee or forgetting their signature.
If your application is not complete and USCIS sends back
a request for evidence,
it can slow down your immigration process by as much as a year.
This is probably the easiest and most important step
you can take to avoid delays.
Next, if your case is taking longer than it
should, you can submit an inquiry with USCIS.
To do this, send them a letter using the address on your receipt notice,
explaining your delay and requesting that they take action.
You will want to include basic information in this letter,
such as your case number, Alien number, receipt notice number, the date
you filed the case, the receipt date, and what type of case it is.
You can also try calling USCIS, navigate their automated phone system
and ask for a Tier II officer once you reach a person, at which point
they will tell you to expect a callback in the coming seven to ten days.
USCIS receives a lot of inquiries every day and has heard every type of
reason for expediting a case, so make sure that you have a strong reason
with documentation before investing a lot of your time into this.
In addition to contacting USCIS by mail or by phone,
you can also use their E-request portal if your case is outside
of the normal processing time.
To do so, use the link
I provided in the description below and start your case inquiry.
Next, click on the option for case outside normal
processing time and scroll down to the form below.
Carefully fill out the form,
then press the submit button at the bottom of the screen.
Note that it can take up to 30 days to get a response,
and you should only complete the form once during that time.
Premiere processing is a $1,225
fee that can be paid to expedite certain work visa applications.
Unfortunately, it is not available to any family
visa petitions and also requires a reason for the request.
It's not enough to pay the fee
and request faster processing simply because you want it to go faster.
It needs to be for a more compelling reason, like a family
or medical emergency.
I will include a link in the description below for the USCIS
Premium Processing page.
If you are in fact facing a true emergency,
you can formally request an expedited application
even if your case is not experiencing delays.
The criteria used by USCIS to approve a expedited request are very clear
and include severe financial loss to a company or person,
urgent humanitarian reasons, compelling U.S.
government interest or clear USCIS error.
You will not be granted this request if USCIS thinks the emergency is your fault.
If they can prove that you filed too late, you did not make your expedited
request soon enough, or you did not submit your forms
properly, then they will not accept your request.
In addition to contacting USCIS about your case, you can also contact
the Office of the Citizenship and Immigration Services Ombudsman.
This office is tasked with helping individuals and employers
who are dealing with USCIS and claims
they can help with delayed cases that are past processing times.
Unfortunately, their contact instructions are nowhere to be found on their website.
In order to contact them about your case, use the link in the description
below and follow the instructions.
According to the Ombudsman's office, they review all requests
within seven business days,
but they are also currently backlogged and this can take even longer.
one of the other ways you can speed up your immigration process is by getting
your region's congressional representative or senator to make an inquiry
on your behalf.
Their office has staff dedicated to reaching out
to federal agencies like USCIS for their constituents.
You can contact their office by email or phone, though
email is more effective because it is easier for them to keep track of.
I will include a link in the description
below to find your representative's office.
Before they can make an inquiry on your behalf,
they will send you a privacy waiver to fill out, which explains
your situation and gives them permission to take action for you.
Once that is completed, USCIS typically responds
to congressional inquiries within about 30 days.
Note that it is not uncommon for USCIS to respond
that they are doing a security check on you,
which can discourage your representative's office
from taking a political risk on your behalf.
Of all the methods available to speed up your immigration process, filing
a lawsuit against USCIS is likely the most effective.
If your case has been delayed and you have a strong argument
that a judge will agree with you, you can hire a lawyer
and take USCIS to court, which forces them to pay attention to your case.
Often, just the threat of going to court will be more effective
than the other methods we've discussed.
In order to do this effectively,
you will need to hire an immigration attorney.
Assuming you have the resources to do so, then this is probably your best option.
However, please note that these cases are most effective once
a certain period of time has passed from the start of your case.
What do you think?
Do any of these methods work for you?
Have you or has someone you know, had success with any of them?
Leave me a comment and let me know.
And if you want to hear how USCIS is addressing the visa backlog,
be sure to watch my recent video summarizing their update on family
sponsored visas, , employment based visas and K-1 visas, among others.
I'll include a link to that here.
I will also include
bringing you additional immigration news as it's available, so be sure to subscribe
and turn on notifications if you have not done so yet.
Click here to watch this video next and I'll see you there.