Case Processing

For I130 December 2023 fillers that are still waiting:
It sounds like your I-130 petition is experiencing delays beyond the posted processing time (17 months), and you're unsure about next steps. Here’s a breakdown of your concerns and what you can do: --- ### **1. Why Is Your Case Delayed?** - USCIS processing times are **estimates**, not guarantees. Delays can happen due to: - Backlogs at your specific service center. - Additional security/background checks. - Missing evidence or requests for further documentation (if you missed an RFE, for example). - Administrative errors or workload fluctuations. --- ### **2. What Should You Do Now?** #### **a. Follow Up with USCIS First** - **Check Case Status Online**: [USCIS Case Status](https://egov.uscis.gov/casestatus/) - **Submit an Inquiry**: If your case is outside normal processing time, file a **"Case Outside Normal Processing Time"** request via [USCIS e-Request](https://egov.uscis.gov/e-request/). - **Call USCIS**: Dial 1-800-375-5283, say "Infopass" to reach a live agent, and ask for an update. - **Request Expedite**: If you have a valid reason (e.g., medical emergency, military deployment), request an expedite. #### **b. Follow Up with Your Congressman/Senator** - **Congressional inquiries CAN help**, but they’re not guaranteed to speed up your case. - **If they didn’t respond**: - **Call their office** (better than email). - **Visit in person** if possible (bring your case details). - Try contacting **your U.S. Senator’s office** (they often have dedicated immigration liaisons). #### **c. Consider a Writ of Mandamus (If All Else Fails)** - **What is it?** A federal lawsuit to force USCIS to make a decision. - **When to file?** Only if: - Your case is **long overdue** (e.g., 6+ months past the stated processing time). - You’ve exhausted all other options (USCIS inquiries, congressional help). - **Cost?** $5,000–$10,000 (attorney fees + filing fees). - **Timeframe?** Usually forces a decision within **30–90 days** if successful. --- ### **3. What to Expect Next?** - If USCIS is simply backlogged, they may approve it soon. - If there’s an issue (like an RFE you missed), they’ll notify you. - If no response after inquiries, **mandamus may be your last resort**. --- ### **4. Is Mandamus Worth It?** ✅ **Yes, if:** - You’ve waited **far beyond** processing times. - You need urgent resolution (e.g., family separation, visa expiration). - You can afford the legal fees. ❌ **No, if:** - You haven’t tried USCIS inquiries/congressional help first. - Your delay is only slightly over the posted time. --- ### **Next Steps Summary** 1. **Check USCIS case status & submit an inquiry.** 2. **Call USCIS for updates.** 3. **Follow up with Congressman/Senator (call/visit).** 4. **If still nothing, consult an immigration lawyer about mandamus.**
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