Why is your case taking so long to process by USCIS?
Why hasn't your case been decided yet?
Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for the United States. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions.
Based on previously available USCIS data, in fiscal year (FY) 2014, an average case took approximately five months to process. In fiscal year 2020, an average case took more than nine months. Those extra months of waiting stop business operations, keep families apart and put lives at risk.
Who is affected?
Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between fiscal year 2017 and fiscal year 2019, USCIS processing times for all petitions and types of application forms increased more than 37%.
The dramatic increase in processing times occurred despite USCIS experiencing a ten percent drop in cases received from the end of fiscal year 2017 to fiscal year 2019. Amid the COVID-19 pandemic, the times USCIS processing rates have continued to increase since fiscal year 2019-FY20212.
Processing times for common form types illustrate how dire the situation is:
FROM FY2017 TO FY2021
- Processing times for all I-539 applications to change or extend status increased from approximately 2.8 months to 9.8 months ▲%250
- Processing Times for Family-Based Adjustment of Status Applications (I-485) increased from 7.9 months to 13.2 months ▲%67
- Processing Times for Naturalization Applications (N-400) increased from 7.9 months to almost a whole year, 11.6 months, almost ▲%47
Why do cases take longer?
Many factors can slow down your case, including inefficient processing, understaffing, and policy changes due to the global COVID-19 pandemic. During the last administration, USCIS implemented many new policies designed to restrict legal immigration and delay processing. For example, one policy required USCIS officers to conduct duplicate reviews of past decisions, adding unnecessary work to each case. Another example was the imposition of
a fingerprinting requirement for certain I-539 applicants. While the current administration has made some useful changes, including noted policies, the COVID-19 pandemic has contributed to the continued slowdown.
For example, from March to July 2020, USCIS closed its offices for biometric interviews and appointments, creating a delay, especially for biometric appointments. Many applications, such as I-765 applications for employment authorization documents (EAD), cannot be adjudicated before biometrics are collected.
What I can do?
- Make sure your attorney or representative has your current contact information.
- Work with your attorney or representative to file applications and petitions as soon as the law allows, especially for cases where premium processing is not available. Many application renewals can be submitted up to 180 days before expiration.
- Expect USCIS processing to take longer than desired, no matter what type of application you are submitting. Your attorney or representative can guide you and help you plan for delays. Sometimes the only option is to wait for government action. In other cases, some tactics to address delays might include:
- Submit a petition or application to safeguard your status in the U.S.
- Ask USCIS to expedite your case if you qualify or, if applicable, pay the premium to process your case.
- Talk to your congressman's office for help.