Waiting for an immigration application to be processed can be a stressful and prolonged experience. But how do you know when enough is enough? Here are three key factors to consider when deciding if it’s time to sue USCIS or a consulate for delaying your application.
1. How Long Have You Been Waiting?
The length of time you’ve been waiting is a crucial factor in deciding whether to take legal action. The viability of a lawsuit generally starts to become a consideration after you’ve waited at least two years, though this can vary depending on the type of visa or benefit you’ve applied for. Some visas may have shorter reasonable waiting periods, while others may take longer. The key is to evaluate whether your wait time has exceeded what is typical for your particular application.
2. Published Processing Times Are Not Absolute
The government does provide estimated processing times for various visa applications, but it’s important to understand that these are not set in stone. Just because USCIS or a consulate indicates that they require a significant amount of time to process your application doesn’t mean you are obligated to wait indefinitely. If you find that the delay is unreasonable, even when within the published timelines, you might want to consult with an attorney to assess your options.
3. Trust Your Instincts: Consult an Immigration Lawyer
In the end, your own sense of whether you’ve waited long enough is a strong indicator. If you feel that the delay has become excessive and unjustified, it may be time to talk to an immigration lawyer. An experienced attorney can help you determine if suing the government is a viable option and guide you through the steps to take if you decide to move forward with legal action.
Conclusion
Knowing when to sue USCIS or a consulate for an unreasonable delay in processing your application requires careful consideration of your specific circumstances. By understanding the typical wait times, questioning the validity of published processing estimates, and trusting your instincts, you can make an informed decision.
If you’re frustrated with long wait times for your immigration application, understanding when to consider legal action is crucial. Consulting with an experienced immigration lawyer can help you determine if a lawsuit is the right path forward. Scott Legal, P.C. offers expert guidance on when and how to take action. Schedule a consultation with us today to discuss your case and take control of your immigration journey.
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