For immigrants waiting months for a decision on an employment authorization document, an unexplained government hold can have serious consequences.
Recent federal court litigation has challenged USCIS policies that paused the processing of certain immigration benefit applications based on an applicant’s nationality or country of origin.
In at least one recent case, a federal court ordered USCIS to resume adjudication of affected Form I-765, Application for Employment Authorization, cases involving the plaintiffs.
Why Were Applications Being Placed on Hold?
USCIS has increased screening and vetting across several areas of the immigration system.
As part of those efforts, certain applicants have faced additional review or pauses in the adjudication of immigration benefits.
The problem becomes especially serious when an application remains pending indefinitely and an applicant has no clear timeline for receiving a decision.
Without employment authorization, an immigrant may face difficulties maintaining employment and supporting a family while waiting for the government to act.
What Have the Courts Said?
Recent litigation has challenged whether the government can leave immigration benefit applications effectively frozen without completing the adjudication process.
Court intervention in these cases demonstrates an important principle: government agencies can sometimes be challenged when unreasonable delays or policies prevent immigration applications from moving forward.
However, court orders involving particular plaintiffs do not necessarily mean that every person with a delayed I-765 or other immigration application is automatically covered.
Each case must be evaluated individually.
What If Your USCIS Case Has Been Delayed?
A delayed immigration case does not always require a lawsuit.
The appropriate response depends on the type of application, how long it has been pending, USCIS processing times, prior inquiries, and the reason for the delay.
Possible steps may include:
- Submitting a USCIS case inquiry;
- Contacting the USCIS Contact Center;
- Requesting assistance through appropriate government channels;
- Evaluating whether expedited processing is available; or
- Considering federal litigation when a delay becomes unreasonable.
When Federal Court May Become an Option
In some circumstances, immigrants can pursue a writ of mandamus in federal court asking a judge to require a government agency to take action on a case that has been unreasonably delayed.
A mandamus lawsuit generally does not ask the court to approve the underlying immigration benefit. Instead, it can ask the court to require the government to perform its legal duty and make a decision.
Whether litigation is appropriate depends heavily on the circumstances.
Is Your Immigration Case Stuck?
Powers Law Group represents immigrants in complex immigration matters and federal immigration litigation.
If your work permit, green card, naturalization application, visa matter, or other immigration case has remained pending without a decision, our attorneys can evaluate the delay and discuss what options may be available.
Contact Powers Law Group to schedule a consultation.
(713) 589-2085
This article is provided for general informational purposes only and does not constitute legal advice. Court orders may be limited to particular parties or circumstances, and every immigration case is different.
