USCIS Dallas Field Office

Why Is My Immigration Case Taking So Long?

Immigration News

Why Hasn’t My Immigration Case Been Decided Yet?

Why Is My Immigration Case Taking So Long. Nationwide, you and millions of families, businesses, and
individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions.

Based on previously available USCIS data, in Fiscal Year (FY)2017, an average case took about 6.4 months to process. In FY2022, an average case took more than twelve months. Those extra months of waiting halt business operations, keep families separated, and jeopardize lives.

Where Can I Find The Processing Time For My Immigration Case?

USCIS processing times are available on its website: https://egov.uscis.gov/processing-times/. To find your case’s processing time, you must select the form type, category, and field office or processing center from the drop-down menus. You will then see the processing time it takes for approximately 80% of that case type. Below that, there is a space to add the receipt date for your case and find out when you may make an inquiry in your case.

Who Is Affected by the Long Processing Times?

Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays.

Processing times for common form types show just how dire the situation is:

From FY2017 to FY2023

  • Processing times for all I-539 applications to change or extend status rose from about 2.8 months to 6.2 months.
  • Processing times for family-based adjustment of status (I485) applications rose from 7.8 months to 12.5 months.
  • Processing times for employment authorization (Form I-765) applications based on an adjustment of status application rose from 2.6 months to 5.5 months.

Note: there were slight decreases in processing times from FY2021 to FY2023.

Free Immigration Case Review

Why Are Cases Taking Longer?

Many factors can slow down your case, including inefficient processing and understaffing. During the last administration, USCIS implemented many new policies designed to restrict legal immigration and delay processing. While the current administration has made some helpful changes, the COVID-19 pandemic has contributed to continued slowdowns.

What Steps Is the Government Taking Now to Speed Processing Times?

In March 2022, USCIS set new processing time goals and has committed to hiring more adjudicators and improving technology. They have also begun re-using previously captured fingerprints when possible. However, it will take time for the agency to catch up with the tremendous backlog.

What Can You Do?

Make sure your lawyer has your current contact information.

Work with your lawyer to file applications and petitions as early as allowed under the law, especially for cases where premium processing is not available. Many application renewals may be submitted up to 180 days prior to expiration.

Expect USCIS processing to take longer than desired, no matter what type of application you are filing. Your lawyer can guide you and help plan for delays. Sometimes, the only option is to await government action. In other cases, some tactics to address delays could include:

  • File a petition or application to safeguard your status in the U.S.
  • Ask USCIS to expedite your case if you qualify or if applicable, to premium process your case;
  • Talk to your congressman’s office for assistance; or
  • File a lawsuit to force USCIS to act on your case.

Immigration Processing Time Questions

Questions about your family-based immigration process times? Looking for help to make sure your petition or application can be be processed as quickly as possible? Please contact immigration attorney Jessie M. Thomas. Call (214) 838-0045, Text (214) 838-0045 or Email contactus@staylegally.com today.

Public Charge Rule

Immigration News

The new public charge rule went into effect on December 23, 2022. Consequently, the Department of Homeland Security (DHS) began using the new public charge inadmissibility test published in a final rule in September. The new rule will apply to applications postmarked or electronically submitted on or after December 23, 2022. This rule restores the historical meaning of the term ‘public charge.’ The historical definition had been in effect for decades before the Trump Administration’s restrictive revision of that term in 2019.

The new public charge rule is essentially the same as the 1999 Interim Field Guidance on the public charge ground of inadmissibility. Furthermore, the new rule returns the analysis of public charge inadmissibility to what was in place before 2019. As a result, in the new rule a noncitizen is deemed likely to become a public charge if DHS determines that they are likely to become dependent on the government for subsistence based on a “totality of circumstances” analysis of the following factors:

  • The noncitizen’s age; health; family status; assets, resources and financial status; and education and skills, as required by the INA;
  • The filing of Form-I-864, Affidavit of Support under Section 213 A of the INA, submitted on a noncitizen’s behalf when one is required; and
  • The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called General Assistance); or long-term institutionalization at government expense.

What Benefits Are Not Considered in the Public Charge Analysis

In general, if a program typically does not provide the primary source of income, or it is made available without income-based eligibility rules, USCIS will not consider those programs in making a public charge determination.

  • Benefits received by family members other than the applicant
  • Receipt of certain non-cash beneftis such as Supplemental Nutrition Assistance Program (SNAP) or other nutrition assistance programs; Children’s Health Insurance Program (CHIP);Medicaid (other than for long-term institutionalization); housing benefits; any immunization benefits; disease-testing benefits; or other supplemental or special-purpose benefits
  • Specific purpose payments, such as payments for childcare, energy assistance, disaster relief, pandemic assistance, or for other specific purposes

Who Is a Public Charge?

Under the Immigration & Nationality Act (INA) Sections 212(a)(4) and 237(a)(5), a public charge is a noncitizen “who has become or is likely to become primarily dependent on the federal government for subsistence as demonstrated by either:
  • the receipt of public cash assistance for income maintenance; or
  • institutionalization for long-term care at government expense.

Am I Exempt from the Public Charge Analysis?

The new rule provides a list of those who are exempt from the public charge ground of inadmissibility; such as refugees, asylees and other statutorily or regulationly exempt humanitarian categories, as well as the limited options for requesting a waiver of a public charge determination.

What does it mean for you?

Applicants are not required to submit Form I-944 or DS-5540 when applying for permanent residency or a visa. However, a public charge portion and several additional questions were added to Form I-485 (Application for Adjustment of Status). Any green card applicants applying for a green card from within the United States on or after December 23, 2022 must use the new version of the form.

Public Charge Ground of Inadmissibility Questions?

Need to determine if you may be subject to the public charge ground of inadmissibility rule? Please contact immigration attorney Jessie M. Thomas. Call (214) 838-0045, Text (214) 838-0045 or Email contactus@staylegally.com today.

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Rescheduling Biometrics Appointments

Rescheduling Biometrics Appointments

Immigration News

Rescheduling biometrics appointments may sometimes be necessary. Depending on the type of application you file with USCIS, you may be required to appear at a USCIS office for a biometrics appointment. For example, biometrics may be required if you file an I-485 (adjustment of status or green card application), I-765 (application for employment authorization document), I-131 (application for travel document), or an I-539 (application for extension or change of status).

During a biometrics appointment, USCIS will collect your fingeprints, a photo, and a sample of your signature.

How to Know if a Biometrics Appointment is Required

If you are required to appear for biometrics, USCIS will mail an appointment notices to your address and your attorney’s address. The notice will tell you when and where USCIS expects you to appear. You should make every effort to go to your appointment as scheduled. Rescheduling the appointment will take time and likely delay processing of your application.

How to Reschedule Your Biometrics Appointment

If you cannot make it to your scheduled biometrics appointment, you may contact USCIS to reschedule according to the appointment notice’s instructions or the the following procedure:

  1. Call the USCIS Contact Center at 1-800-375-5283 before the date and time of your original appointment.
  2. Explain why you have “good cause” for recheduling.
  3. Wait for a USCIS scheduler to call you back with a new date and time. Please note: USCIS often takes multiple days or weeks to respond to a rescheduling requiest.

It is vitally important to call as early as possible to request rescheduling. If you do not call USCIS before your scheduled appointment, or if USCIS thinks you do not have good cause to reschedule, they may not agree to reschedule the appointment. If USCIS refuses to reschedule or you do not hear back from them in time and you do not attend the original appointment, your underlying application may be considered abandoned and be denied.

Questions About Rescheduling Biometrics Appointments?

To find out more about rescheduling or determining if you are eligible to reschedule an appointment, please contact immigration attorney Jessie M. Thomas at (214) 838-0045. Jessie provides immigration legal services for family-based green cards, adjustment of status and U.S. Citizenship.

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