POSSIBLE REASONS FOR THE DELAYS IN THE UNITED STATES’ IMMIGRATION PROCESS

Introduction  

The US immigration process is indeed so infuriating, and to make it worse, the processing period is indeed so unpredictable. Weeks, months or even years are required just to finish an immigration case and receive a notice from the US immigration service that they are processing your case. Once your application has been filed, it might take months or years before there is a final determination. Even when it does, it is often hard to figure out what is going on with your application. The State Department and the US Citizenship and Immigration Services process millions of immigration petitions every year. Most get done in a timely fashion, but a few do run into speed bumps.  

All these makes looking for your application to come through USCIS can be flat-out infuriating. Even when the majority of applications and petitions are processed within the allotted timeframes, there are some cases that are held hostage to unpredictable delays based on events entirely out of your control.  

If it appears that your application is in limbo without any updates, it is only human to be angry. But staying calm and taking the correct steps can make things move in a better direction. Some of the reasons for delays in US immigration cases are explained below.  

Why are immigration petitions delayed?  

• The several numbers of applications.  

There are numerous applications they receive from the US Citizenship and Immigration Services (USCIS) and the State Department every year. This might just slow it down due to delays. If they are under a lot of work or policies are altered, they get an enormous amount of applications, therefore, worsening the delays, especially if they have fewer staff members or are poorly equipped to handle it. Ancient technology and system hiccups may even take longer to process.   

Applicants can try to get things to go a little faster by applying when not as busy, double-checking to make sure the application is processed properly, and staying up-to-date on processing times.  

• Lost applications.  

Technically not very common, but applications can sometimes get misplaced or lost in the system and cause major delays.  

This may happen through clerical errors, confusion while the documents are in circulation, or computer data input errors that route papers to the wrong destination. When an application gets misplaced, agencies will have to search for the misplaced documents, which not only causes a delay for that application but others in waiting too. If they can’t find the documents, candidates will have to reapply and the process becomes even longer. To avoid all this, applicants must make sure that they get copies of anything they send and that the agency notifies them as having received their application.   

• Multiple agency reviews.  

When US immigration petitions have to be evaluated by more than one agency, it is slow and inconvenient, especially when one of the agencies is less efficient than the others.  

It normally happens when petitions involve cross-checking for security, background checks, or special clearances where coordination between USCIS, the State Department, and occasionally law enforcement or intelligence agencies is required.   

Each agency is unique and has its own regulations and processing times, and if one falls behind, then the whole process can fall behind. For example, USCIS might be able to process a case in a timely fashion but hold it back at the level of security clearance with another agency. Even though this multi-agency screening is required to make US immigration stable and secure, it has the effect of prolonging the time to make a decision, enraging applicants and rendering planning impossible.  

• Staying old-fashioned with paper files.  

USCIS is still quite large on using paper files, and this slows down immigration applications to be processed. Much of their operations are still paper-based. This means they have to keep, review, and move physical papers from one department or location to another. This dependence on real files creates all sorts of logistical hassles.   

Transferring files from one location to another for verification or action takes longer and raises the risk of losing or damaging them. And, if the files aren’t well-organized or some information is missing, it may take even longer to locate the particular documents required. These inefficiencies actually hinder the pace at which decisions are rendered on applications. This affects applicants who typically operate under tight deadlines for work, school, or family reunions. Becoming digital could help accelerate, but currently, compliance with paper files is a significant barrier in expeditious US immigration case processing.  

• Requests for additional information.  

While USCIS is considering immigration applications, they occasionally have to determine that the information that has been sent is inadequate to make a decision. In these cases, they will send a Request for Evidence (RFE). An RFE freezes the application process and asks applicants to provide more documents or data to establish their eligibility or clarify any issues. The timeframe to respond to an RFE will vary, but not complying with the deadline will cause the application to be denied. This step delays the process because the agency has to wait for the new documents, check them, and then mix that information with existing application information. The RFE procedure guarantees that decisions are reached based on complete and accurate information. However, it can end up prolonging the duration of the US immigration process. This is especially true if the evidence needed is complicated or hard to come by.  

• Background checks.  

Background checks are actually very important in the process of applying for US immigration. They are all completed to make sure people don’t pose a security risk before they can get in or live in the United States. They involve checking through various databases and agencies, including the FBI, Department of Homeland Security, and foreign law enforcement. This is to compare applicants with criminal records, security lists, and past immigration history.   

Backlogs in this area are relatively usual and can quite extensively extend processing periods. This is often due to circumstances beyond the applicant’s and USCIS’s control. The reasons for the delays often include slow reactions from other agencies, numerous checks being processed at the same time, or issues verifying the applicant’s information.   

For example, if a candidate has lived in multiple countries, it complicates the background check as it means there are more foreign entities to work with. While these checks serve a purpose of national security, they can also lead to waiting periods for long times for the applicants who want to know about the status of their applications quickly.  

Get help!  

Waiting on US immigration petitions may be extremely tiring. However, knowing the reasons behind delays would commonly prepare and ready you up as well as help you better manage your expectations. If you happen to have a complicated case or delay, consulting an immigration lawyer who can provide advice specifically suited to your case would be the best thing to do.  

In case you need updates on your pending US immigration issue, feel free to contact our legal team at Gehi and Associates for assistance. We are always ready to guide you through the up-to-date news and support in making your process of US immigration smoother and less burdensome.   

Our immigration lawyers are very professional in helping individuals work and stay in the US. Get in touch with us today for a discussion regarding your case on a legal note!