Immigration Delay Litigation Process in Charlotte

Whether you are applying for a Green Card or a temporary visa, delays can be frustrating and disruptive. Depending on the type of decision you’re waiting for, you may be unable to work or travel while your immigration case is pending. If the wait time has become unreasonable, the immigration delay litigation process in Charlotte can provide a solution. In some cases, an immigration delay attorney can file a lawsuit that prompts the relevant government agency to move forward with your application. Our team could help you determine whether this is the right strategy for your situation.

What Is Considered an Excessive Delay in the Immigration Process?

Long waits are a normal part of the process of immigrating to the United States. To consider litigation, your case needs to be unreasonably delayed. This means you should clarify the expected wait time for the type of application you have submitted.

U.S. Citizenship and Immigration Services (USCIS), the government agency responsible for immigration and naturalization, lists processing times on its website. These estimates are based on the specific forms you have submitted and the field office or service center you visited. Because wait times can change, it can be a good idea to take screenshots or print the results when you check your estimated wait time. If your Charlotte case takes longer to process than this estimate, it may be considered unreasonably delayed, and you could pursue the litigation process.

How Does an Immigrant Delay Lawsuit Work?

If your immigration application has been taking longer than it should, and you are unable to get a helpful response from USCIS, you may need to consider litigation. The litigation process your Charlotte attorney will most likely use is called a mandamus lawsuit. These lawsuits are filed in federal district courts and allow the court to force the immigration agency to take action on your case.

The evidence your lawyer will submit will need to prove that your case is taking an unreasonably long time to move forward. This should include any records you have of when you submitted your initial application, such as confirmation emails or receipts, and records of any communication you have had with USCIS. This includes emails, case status requests, and notes on phone calls you have made. Depending on where you are in the application process, you may also need to provide records of any meetings or interviews you have attended or any other times you have submitted additional materials or information to support your application. You should also document the posted wait times to compare them to the wait you have experienced.

In some cases, USCIS will take action as soon as you file the lawsuit. In others, your attorney will need to appear in court and present your case. It’s important to remember that a writ of mandamus can only require the agency to make a decision on your application. It will not influence whether that decision is positive or negative.

Talk to a Charlotte Immigration Lawyer About Your Delayed Case Today

A stalled application for a visa or Green Card can leave you frustrated and uncertain about your future. When nothing else seems to be working, the immigration delay litigation process in Charlotte can help you get the decision you need to move forward. The Sussman Law Firm team is here to guide you through the process. Contact us to discuss your immigration case today.