Why is it taking USCIS so long to review applications?

New policies at USCIS are restricting legal immigration. For example, one policy requires USCIS officers to conduct duplicate reviews of past decisions, adding unnecessary work to each case. Such inefficient policies help explain why processing times are increasing even as USCIS application rates are decreasing.

What happens if USCIS denied my application?

If USCIS rejects your application for adjustment of status, and you don’t have a valid, unexpired right to be in the United States (most likely under a visa), USCIS will send you into immigration court (removal) proceedings. There, you will have the “opportunity” to have an immigration judge hear your case.

What does it mean when USCIS is reviewing your case?

It means that the USCIS officer reviewing your application needs more information before he or she can make a decision. If you don’t meet the deadline, USCIS will make a decision based on the information and documents it already has, and that often means your application will be denied.

What happens if I-290B is denied?

The appeal is filed on Form I-290B with the USCIS service center which initially denied the case. If the denial is overcome, the USCIS service center will make a motion to reopen the case and approve it. Alternatively, if the denial is not overcome, the case is forwarded to the AAO.

Can I sue USCIS for denial?

In short, yes. One can exercise their rights and legally sue USCIS. By filing a Federal lawsuit, you are forcing USCIS to justify their decision, which it is highly unlikely they will be able to do. In most cases where a Federal lawsuit has been filed, USCIS has chosen to avoid litigation and has issued an approval.

How long does case is being actively reviewed by USCIS?

About 120 to 180 days. And remember, pretty much the only thing you can get out of it is USCIS being forced to make a decision on your case by the court[2], since it is impossible to sue for monetary damages.

How long does it take for USCIS to actively review a case?

AAO appellate review: The AAO strives to complete its appellate review within 180 days from the time it receives a complete case record after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAO’s control.

What happens if you are denied a visa for unlawful presence?

When denied a visa for unlawful presence, you are ineligible for a visa for the following length of time: When unlawfully present in the United States for 180 days or longer but less than one year, you are ineligible for a visa for 3 years after departure from the United States; or

Does USCIS have jurisdiction over a previously denied adjustment of status?

USCIS has jurisdiction over the application, even if the applicant was placed in proceedings after having been paroled into the United States to pursue a previously filed application for adjustment of status that was ultimately denied by USCIS.

Can a visa application be denied for medical treatment?

Public charge denials are less frequent for nonimmigrant visa applications, but can occur, for example, in the case of a visa applicant seeking medical treatment in the United States without adequate funds to pay for treatment. Learn more about applying for a visitor visa for medical treatment.

Can a temporary foreign worker be denied a work visa?

As a temporary foreign worker in the U.S., you will not be denied a visa or be punished by the U.S. government because you have exercised your rights under U.S. laws. Learn your rights and protections. If you violate the terms of your work visa, it could be revoked.