By Attorney Oyesanmi Alonge
For millions of immigrants, families, and employers, navigating the U.S. immigration system in recent times means confronting an uncomfortable reality: cases that once moved steadily through the system now languish for months or even years. Work permits stall, green card interviews are pushed far into the future, humanitarian applicants wait in fear, and families remain separated with no clear end in sight.
Delays have always existed in immigration, but the scope, frequency, and impact of today’s processing bottlenecks represent something different. They reflect a system strained far beyond its capacity, one in which applicants bear the greatest burden. Understanding why USCIS takes so long is essential not only for managing expectations, but also for recognizing when delay becomes unreasonable—and what can be done about it.
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The Backlog Is More Than A Number — It Is a Human Crisis
USCIS has acknowledged record-breaking backlogs, but statistics alone cannot capture the real-life consequences.
For many, delays mean:
- lost jobs and expired work authorization
- postponed weddings and family unity
- inability to renew driver’s licenses
- financial instability
- fear, uncertainty, and emotional exhaustion
A slow-moving case is not just a paperwork issue—it can change the course of a person’s life.
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Filing Volume Has Outpaced Capacity
Over the past several years, USCIS has experienced a dramatic surge in applications:
- employment authorization documents
- marriage-based adjustments
- asylum and VAWA filings
- naturalization applications
- employment-based petitions
- humanitarian and parole programs
Growth in demand is not inherently a problem. The challenge is that USCIS has not expanded its infrastructure with the same speed. Instead of:
- more adjudicators,
- updated technology, or
- streamlined workflows,
the agency has struggled to adapt. High demand without equivalent capacity creates predictable delays.
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Persistent Staffing Shortages Slow Progress
Even as USCIS hires new staff, the agency faces a fundamental challenge: adjudicating immigration cases is highly specialized work. Officers undergo months of training before they can independently review petitions.
This means staffing solutions do not immediately resolve backlogs. Meanwhile, applicants continue waiting—often with no meaningful updates.
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Security and Background Checks Can Stall Cases Indefinitely
National security vetting is a legitimate part of the immigration process, but the system is far from efficient. Several agencies must coordinate to complete security checks, and delays can arise when:
- an applicant has a common name
- fingerprints must be reprocessed
- previous immigration records require retrieval
- travel patterns trigger additional review
- interagency data does not match cleanly
While security screening is important, lengthy and unexplained delays leave applicants in limbo, unable to work, travel, or plan their future.
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Policy Shifts Create Additional Layers of Review
Immigration adjudication is shaped by federal policy. Changes in administration or internal guidance often result in:
- increased scrutiny
- evolving evidentiary expectations
- shifting adjudication standards
- new security protocols
These shifts affect how officers review cases and may slow down processing for entire categories of applications—even when applicants have done everything correctly.
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Requests for Evidence (RFEs) Add Months to the Process
RFEs, Notices of Intent to Deny (NOIDs), and other requests pause case review. They require applicants to gather more documents, respond within strict timelines, and then wait for USCIS to revisit the file—often months later.
Some RFEs reflect legitimate gaps in evidence, but others stem from:
- unclear documentation
- inconsistent formatting
- ambiguous statements
- incorrectly completed forms
Submitting a strong, comprehensive initial filing is one of the most effective ways to avoid unnecessary delay.
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USCIS Still Relies Heavily on Paper-Based Systems
Despite recent modernization efforts, USCIS continues to process many applications using paper files. These files must be physically:
- assembled
- shipped
- scanned
- routed
- re-routed
- manually handled
Paper files are inherently vulnerable to slow movement, misplacement, and administrative bottlenecks. A paper-dependent system cannot support 21st-century immigration demand.
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When Delay Becomes Unreasonable — Legal Remedies Exist
Patience is part of every immigration journey, but indefinite waiting is not. Federal law does not permit agencies to set cases aside indefinitely with no justification.
When a case is stuck far beyond posted processing times and USCIS provides only generic responses, applicants may pursue legal remedies—particularly a mandamus and/or Administrative Procedure Act (APA) lawsuit.
A mandamus action:
- does not ask a judge to approve the application
- requires the government to take action
- compels USCIS or the Department of State to issue a decision
- is grounded in the legal principle that agencies must act within a reasonable time
Courts across the country acknowledge that federal agencies cannot avoid adjudication by simply doing nothing. In the right circumstances, litigation can be an effective tool to break a prolonged stalemate.
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What You Can Do If Your Case Is Delayed
Below are practical steps applicants can take when facing extended wait times.
A. Check USCIS Posted Processing Times
Begin by reviewing the official processing time tool on the USCIS website.
This helps you determine:
- what USCIS considers normal
- whether your case falls outside posted ranges
- when you are eligible to submit an inquiry
This step grounds your expectations in publicly available data.
B. Confirm USCIS Has Everything It Needs
Verify that:
- biometrics appointments were completed
- your address is updated
- all supporting evidence was submitted
- RFEs or NOIDs were fully answered
Missing pieces can cause delays that USCIS will not immediately notify you about.
C. Submit Case Inquiries
Use available tools:
- online service requests
- “case outside normal processing time” inquiries
- USCIS Ombudsman requests
- congressional assistance
These avenues can uncover issues or trigger movement.
D. Seek a Professional Case Review
An attorney can:
- identify hidden problems
- interpret case history
- determine whether a delay is typical or excessive
- map out your strategic options
Legal guidance can prevent costly mistakes and unnecessary setbacks.
E. Consider Mandamus or APA Litigation When Appropriate
Litigation is not for every case, but it is a powerful remedy when:
- delays are extreme
- inquiries have produced no meaningful updates
- the case has exceeded reasonable timelines
- the delay is harming your life, job, safety, or family stability
Mandamus actions can restore momentum when all other avenues have failed.
- Final Thoughts
USCIS delays result from a convergence of high demand, limited resources, shifting policies, and outdated processes. While some amount of waiting is unavoidable, prolonged and unexplained delays undermine stability for families, workers, and vulnerable individuals who depend on timely decisions.
The immigration process is complex, but applicants are not powerless. With the right strategy—ranging from careful filings to federal court litigation—it is possible to move a stalled case forward.
If your case has been pending far longer than it should and the delay is affecting your life, Alonge Law Firm, P.C. can help you evaluate your options, including whether a mandamus or APA lawsuit is appropriate. Your future should not be indefinitely placed on hold.
