Suing the Immigration Service (USCIS): FAQs

1. Why is my case taking longer than anticipated to be processed by the Immigration Service? What does this mean?

You may file a lawsuit if USCIS is taking longer than normal to process or decide your case. For more information about eligibility, process, and required documentation, visit our page on Lawsuits Against the United States Citizenship and Immigration Services (USCIS).

2. Is there a way to pressure the Immigration Service to work faster on my case?

Yes. If there have been abnormal delays in the processing of your case, you may file a complaint or lawsuit against the Immigration Service in federal court, and the court can force the Immigration Service to make a decision in your case. Keep in mind that this decision may be positive or negative. You should carefully evaluate with your attorney whether the risk and additional cost of the work required for this lawsuit is worthwhile. On our website you will find information about eligibility, process, required documents, and the cost of carrying out Lawsuits Against Immigration.

3. If I had an interview with the USCIS and/or filed my application a very long time ago, but have not received a decision on my case, can I do anything to expedite the process?

You may take legal action against USCIS to demand a response to your application or to have it adjudicated if the immigration department is taking longer than normal to decide your case.

4. If I sue the USCIS, how long will it take before I receive a decision on my pending application?

5. If I sue the USCIS, will the USCIS deny my pending application?

No. Applications are approved or denied based on their own merit, and the fact that you have filed a lawsuit should not affect the decision or approval process.

6. If I want to sue the USCIS, does it make a difference what state I live in?

Yes. Some jurisdictions have had positive decisions in immigration matters, while other states have precedents that are not favorable in immigration matters, affecting your ability to initiate legal action. You should consult with an attorney who specializes in Federal Immigration Litigation to determine whether legal action is appropriate for your situation.

7. Can I sue USCIS in a state where I do not live?

Possibly. The jurisdiction of the lawsuit is determined by several factors. One is the place of residence of the person taking legal action. However, there are a number of other alternatives that may be feasible. Please consult with an attorney who specializes in Federal Immigration Litigation to determine whether legal action would be appropriate for your case.