Immigration Case Got Stuck? Here’s What to do Next!

USCIS

Are you worried because of USCIS case status? 

Zlata Berman, NYC immigration attorney from Spektor, Spektor and Berman shares her tried and tested secrets to move your case forward. By default, the USCIS case status should get updated in 6 months. If you haven’t heard back from immigration in 180 days, it means your case is stuck!

Not sure what to do next? Follow the below three steps to move your case.

1. Call the USCIS

2. Call your congressman

3. Sue the Government

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Is your USCIS case status stuck?

My name is Zlata Berman and I am a partner in Spektor, Spektor, and Berman.

Today I’d like to discuss with you a question that I probably get asked the most during my consultations and that is what to do if your case gets stuck with immigration.

If you’ve gone to a naturalization interview, to a marriage interview to any kind of an adjustment, of status interview, and afterwards, you have not heard from immigration in over six months, your case is stuck. This happens a lot!

Immigration is not running as smoothly as one would hope. However, there are a few things that you can do. And I will tell you the three things that I suggest to my clients from the easiest, to the more difficult.

3 steps to move your Immigration court case status

1 – Call the UCS customer service number, it’s easy, it’s free, you’ll spend a little bit of time dealing with the automated system, call them, tell them that your case is outside of normal processing times, and that you want to do a service inquiry. What that what happens when you do that is in 30 days after you call, they will send you a letter explaining that you did call documenting your call and explain what the situation is.

Unfortunately, most often than not the letter is very generic and it says yester cases outside of processing times. There’s nothing that we can do. Good luck. But sometimes it works. Sometimes it’s the only thing that you need. So it’s the easiest thing to do call from your home, do it.

2 – Call your congressman, your elected officials are interested in helping you as well to them, you are potential voters, you are their constituents, and they can help. So bring your paperwork, tell them how long your case has been pending with USCIS and see if they can help. They often can they have a direct line to emailing to speaking with them.

And they often can move this case law important they come out and make immigration approve your case, they cannot give you any immigration advice. They’re not immigration attorneys, they can sometimes move the case along is very, very helpful on occasion. So to do that, it’s a little bit more complicated. You have to go and do the thing, but it does work.

3 – If both of those things fail, sue the government. Yes, you can. Because um, her own laws are under their own rules, it says that they have to make a decision on your case within a certain time, usually within 180 days, you cannot make them approve your case, you cannot make them deny your case, but they can’t just leave you hanging in perpetuity wondering what’s going to happen.

And so when this happens when nothing else works, you can file a lawsuit against the government. We have been doing more and more of these every month, and they are very, very successful. The reason they work so well is the lawsuit is filed in actual District Court.

So not immigration court with no rules or timelines or anything like that. It’s official court with the rules of procedure, which means once we file, the government has so many days to respond to us. And they very often do, they usually don’t want to litigate this case, they usually just respond to us and move the case along important.

Same thing as number two, we cannot make them approve your case, we cannot make them deny your case, what we can do is move your case a lot move it forward, in fact, very often because by the time we get involved, the case has been pending for so long.

When they do move the case they very often schedule your for another interview just to make sure everything is still the same. Which means again, there’s no guaranteed approval, but at least you won’t sit there and wonder what’s going on with your case. Is it ever going to move? You know, will you ever you know get your dream or get your USCIS case status and be able to move on and do other things.

So do the three things that I recommend that call customer service? Call your congressman and if everything else fails, sue the government. If you have any additional questions, you can always call for a consultation. My name is Zlata Berman and I am a partner at Spektor, Spektor, and Berman. Thank you