Reasons why your immigration case may be delayed

Reasons why your immigration case may be delayed

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Whoever decides to emigrate should know that legalization processes within a new country usually take time. Whatever your destination, it is best to fully comply with all the documentation and requirements while waiting for the best answers, which do not necessarily arrive as soon as they are needed.

So the best resource in these cases, after good legal advice, is patience. Now, strategic thinking and diligence must always go with it. And, although this type of procedure usually takes time, there may also be other causes beyond its idiosyncrasy. In the following article, we present some of the most common.

A large influx of visa applications

The United States is one of the countries that receive the most immigrants from all over the world and, especially, from Latin America. And there are many reasons for it, considering the high quality of life that it offers its inhabitants, the job opportunities, and its privileged international position.

In fact, each year, immigration offices receive and process hundreds and even thousands of applications, often overwhelming the system and delaying responses. So hopefully, other people are also in a similar wait, so approvals take time.

This may seem very logical to many, but few know everything that goes into such a request. And it turns out that it is precisely this ignorance that makes many people despair and even make counterproductive decisions.

“Premium processing” may give priority to employment visa applications

It should be noted that the US Citizenship and Immigration Services (USCIS) is the body in charge of reviewing applications. Reviews are first-come, first-served, so the date is an important factor to consider.

In some cases, the waiting time may be shorter due to what is known as “premium processing.” It is a service provided by the USCIS to expedite the processing of visa applications for foreign workers. This route promises visa approval in a maximum time of 15 calendar days.

However, while this may be an influential factor in immigration case delays, it is not the most important. It should be noted that most applications are not premium, and many of them do not meet the conditions to be processed through premium processing channels.

Each USCIS office has different processing times

So far, it is clear that visa approval will depend on when the application was issued, the amount on hold, and its priority. To this, we add that each USCIS office has different processing times; therefore, where the immigration application is filed will also influence the speed of the response.

Fortunately, currently, this does not necessarily mean being at the mercy of the influx of petitions. Immigrants can get an estimate of how long they will have to wait for a response by going to the “Check Processing Times” section of the USCIS website.

The type of visa requested can also influence delays

And since we are talking about employment visas, it is worth mentioning that, in general, the type of visa requested can influence response times. For example, with regard to the coveted Green Card (which allows you to become a permanent resident), the situation may be even more limited.

In addition, immigration can only process a certain amount of visas each year; therefore, if the availability has already been exceeded at the time of submitting the request, it is probably logical to wait for a response for next year.

Change of address during application processing

We know that the immigrant’s life is not simple and that, many times, it means changing locations even within the new country. And although it is valid, especially when there are expectations of a better life involved, it is worth considering that it can affect the visa application.

We reiterate: USCIS offices process up to thousands of applications each year, many of which can be delayed due to human error. The officials in charge of processing them may have their share of responsibility and the same applicants who moved.

That said, we recommend informing the office in question promptly about your change of address. In this way, you will avoid processing delays due to incorrect data and increase your chances of receiving a prompt response.

Lost request

As we mentioned at the beginning, most people are aware that the processing of the US visa takes time. The problem is that this time can vary a lot, and in some cases, the wait can be excessive.

That’s when fears begin that the application has gone astray. And although it sounds like something impossible to happen in a powerful country, there are cases in which this could be the cause of the delay in the response.

But far from accusing the officials and the system in charge of processing it of negligence, it is necessary to understand that this can occur due to the high traffic of applications. The slightest wrong move could cause these annoying delays, and we won’t always be able to find a culprit to claim.

Instead, we can focus our energy on solving the problem in the most civilized way possible. Therefore, we recommend that you go to immigration after a reasonable time and ask about the status of your particular case. If your application has been lost, it is best to resubmit it.

Delays due to covid-19 outbreaks

As many know, the covid-19 pandemic has caused constant changes in our lives, including how we work. And while working from home has been very useful to continue with our activities, it is a fact that outbreaks lead to blockages. USCIS staff are no exception, so it stands to reason that they will delay responses to visa applications.

Patience and good advice are the keys to success

In conclusion, various factors can extend processing times for immigration applications to the United States. That’s why we have warned you upfront that delays are more common than many would like, and patience will be required to go through this process successfully.

But beyond this virtue, it would also be helpful to have copies of the documentation attached to the form in question. As we already said, losses and other inconveniences can merit new requests, so it is better to have everything at hand if necessary.

Likewise, we recommend maintaining communication with the USCIS office in charge of your process or checking the status on their webpage. In this way, you will be able to monitor the status of your application and take the necessary actions promptly and with a cooperative attitude.

And, of course, for this, it would not be harmful to have the right advice. Kannan Law Firm can provide you with an immigration attorney to support you throughout the process. Do you think you need more advice? Follow our posts and contact us.