When can I sue Immigration (USCIS)?

You have the right to sue the Immigration Service/USCIS if they’re taking too long to process your case. There are many people whose applications have been pending with the immigration service for a period of time which is longer than normal. Those individuals who have their cases open for a period of time that is longer than usual; have the right to file a lawsuit in the Federal Court. Usually, these petitions take approximately 120 to 180 days; in that period of time a US district court judge can order the immigration service to issue a final decision in your case. Often times people ask if there is an additional risk that they face by suing the immigration service. We want people to understand, there is no additional risk that you face by suing the immigration service. It has been our experience, that your case will be treated with much greater care and attention if your case is in front of a US Federal Court judge.

Suing the Immigration Service (USCIS) – FAQ

Who is eligible to sue the USCIS?

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