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8 Ways To SPEED UP Your Immigration Case!

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8 Ways To SPEED UP Your Immigration Case!

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.

The Processing Time For Your Case

Before you try to get USCIS to expedite your case, it’s important to understand what standard processing times are for your application or petition.

These will vary depending which field office or service center you submitted it to, so first go online to the USCIS page for processing times and select the form and field office from the dropdown menu. 

Link to USCIS Processing Times Page: https://egov.uscis.gov/processing-times/

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.

Tip #1: A Perfect Application

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. Applicants will often submit their paperwork by themselves and make simple mistakes such as:

  • Submitting the wrong form version
  • Forgetting to submit a 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 your immigration process by as much as a year.

This is probably the easiest and most important step you can take to avoid delays.

Tip #2: Submit an Inquiry With USCIS

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 call back in the coming 7-10 days.

USCIS receives a lot of inquiries every day and has heard every type of reason for expediting a case, so make sure you have a strong reason before investing a lot of your time into this.

Tip #3: Make an E-request

In addition to contacting USCIS by mail or phone, you can also use their “E-Request” portal if your case is outside of the normal processing time.

To do so, use this link and start your case inquiry: https://egov.uscis.gov/e-request

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.

Tip #4: Premium Processing

Premium Processing is a $1,225 fee that can be paid to expedite certain work visas.

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.

Link for the USCIS premium processing page: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing

Tip #5: Requesting An Expedited Application

If you are in fact facing a true emergency, you can formally request an expedited application, even if your case isn’t experiencing delays.

The criteria used by USCIS to approve an expedited request are very clear, and include:

  • Severe financial loss to a company or person
  • Urgent humanitarian reasons
  • Compelling U.S. government interests
  • 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 didn’t make your expedited request soon enough, or you didn’t submit your forms properly, then they will not accept your request.

Tip #6: Contacting the Ombudsman

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.

https://www.dhs.gov/sites/default/files/publications/cisomb-english-brochure_0.pdf 

According to the ombudsman’s office, they review all requests within 7 business days, but they are also currently backlogged and can take longer.

Tip #7: Contacting Your Representative

One of the other ways you can speed up your immigration process is by getting your region’s congressional representative 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’s easier for them to keep track of.

Link to find your representative’s office: https://www.house.gov/representatives/find-your-representative 

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. 

Tip #8: File a Lawsuit

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 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, but assuming you have the resources to do so then it’s probably your best option.

What do you think? Do any of these methods work? Have you or has someone you know had success with them?

Resource Links

USCIS Processing Times Page: https://egov.uscis.gov/processing-times/

USCIS Contact Center: https://www.uscis.gov/contactcenter

USCIS E-Request: https://egov.uscis.gov/e-request

USCIS Premium Processing: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing

USCIS Ombudsman Instructions: https://www.dhs.gov/sites/default/files/publications/cisomb-english-brochure_0.pdf 

Find Your Representative: https://www.house.gov/representatives/find-your-representative

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