Key points
- Start with USCIS itself: look up your case inquiry date on its Check Case Processing Times page, then contact USCIS through an e-Request, your online account, Ask Emma or the Contact Center.[1]
- The CIS Ombudsman, an independent DHS office, can help with a delay only after you have contacted USCIS in the last 90 days, waited at least 60 days, and your case inquiry date has passed.[1]
- The Ombudsman cannot compel USCIS to act, give legal advice, or change an appeal deadline.[1]
- A federal court can be asked to compel agency action that is unreasonably delayed, under the mandamus statute and the Administrative Procedure Act.[2][3]
- For naturalization, if USCIS has not decided within 120 days after the interview, the applicant may ask the federal district court to decide or send the case back with instructions.[4]
If your USCIS case is taking longer than it should, work up a ladder: first find your case inquiry date and contact USCIS, then ask for an expedite if you have a real emergency, then ask the CIS Ombudsman or your member of Congress for help, and only then consider a federal lawsuit. A lawsuit can ask a court to compel USCIS to act on a case that is unreasonably delayed, but it asks for a decision, not an approval.[1][2][3] The steps apply to most case types, including naturalization (Form N-400), green card applications (Form I-485), asylum applications (Form I-589) and work permits.
The options at a glance
| Option | When it fits | What it can do | What it cannot do |
|---|---|---|---|
| Case inquiry with USCIS | Your case inquiry date has passed.[1] | Puts the delay on record with USCIS through an e-Request, a secure message, Ask Emma or the Contact Center.[1] | Guarantee a reply or a decision by any date. |
| Expedite request | A real emergency, severe financial loss, an urgent humanitarian situation or a clear USCIS error.[5] | Ask USCIS to decide ahead of others.[5] | Force USCIS to say yes: the decision is within its sole discretion.[5] |
| CIS Ombudsman | You contacted USCIS in the last 90 days, waited at least 60 days, and the inquiry date has passed.[1] | Take up the case with USCIS through a request on DHS Form 7001.[1] | Compel USCIS to act, give legal advice, or change an appeal deadline.[1] |
| Member of Congress | You want an inquiry made to USCIS on your behalf.[1] | Make an inquiry to USCIS, or file an Ombudsman request with your written consent.[1] | Decide your case. |
| Federal lawsuit (mandamus or APA) | The delay has become unreasonable and the other steps have not worked. | Ask a federal court to compel USCIS to act.[2][3] | Make the decision for USCIS: the statutes speak of compelling action, not a particular result.[2][3] |
Step 1: find your case inquiry date and contact USCIS
A case is not "delayed" in USCIS's eyes until it is past its case inquiry date. The Ombudsman tells people to check their case status online, then enter their receipt date on USCIS's Check Case Processing Times page to see the case inquiry date for their form and office.[1] That date may be different from the general processing times USCIS posts.[1]
Once the date has passed, contact USCIS. The Ombudsman lists the ways: an e-Request, a secure message through your USCIS online account, the Ask Emma chat feature, or the USCIS Contact Center at 1-800-375-5283.[1] Keep a record of each contact: the date, the method and any reference number. You will need it for the next steps.
Before you escalate, rule out a missed letter. If USCIS sent a Request for Evidence or a Notice of Intent to Deny that you never answered, the case may be denied as abandoned, on the record, or both.[6] If you moved, USCIS says most noncitizens must report a new address within 10 days.[7] Requests for Evidence and Notices of Intent to Deny explains those notices.
Step 2: an expedite request, if you have a real emergency
You may ask USCIS to expedite an application, petition, request, appeal or motion under its jurisdiction. USCIS decides case by case, generally requires documentation, and the decision is within its sole discretion.[5] The criteria it considers include severe financial loss that is not the result of your own late filing or late response, emergencies or urgent humanitarian situations, and clear USCIS error. USCIS also says the need for a work permit, standing alone, does not warrant expediting.[5] Send proof with the request, not just an explanation.
Step 3: the CIS Ombudsman
The Citizenship and Immigration Services Ombudsman is an independent office in the Department of Homeland Security and is not part of USCIS.[1] It takes requests for case assistance on DHS Form 7001.[1] Before you ask, you must have contacted USCIS in the last 90 days and given it at least 60 days to fix the problem.[1] For a plain processing delay, the Ombudsman can help only when your case inquiry date has also passed.[1] There are two exceptions to the inquiry-date rule: a processing time set by statute or regulation, which includes naturalization applications, and an expedite request that USCIS approved more than 60 days ago.[1]
Know the limits. The Ombudsman says it cannot give legal advice, cannot replace an appeal or motion or change an appeal deadline, and cannot compel USCIS to take action on a pending case.[1] The Ombudsman's case assistance page lists what it can and cannot take on.[1]
Step 4: your member of Congress
A member of Congress's office can make an inquiry to USCIS about your case. The Ombudsman's rules reflect this: it will not take a case if fewer than 45 calendar days have passed since a congressional representative made an inquiry, and members of Congress or their staff may file an Ombudsman request for you if you give written consent.[1] Contact your own representative's or senator's office and ask how they handle immigration case inquiries. Choose one route at a time, so that two offices are not asking USCIS the same question at once.
Step 5: a federal lawsuit to compel a decision
When the other steps fail and the delay has become unreasonable, a federal lawsuit is the remaining option. Two laws are used, often together:
- The mandamus statute. Federal district courts have original jurisdiction of an action in the nature of mandamus to compel a federal officer, employee or agency to perform a duty owed to the plaintiff.[2]
- The Administrative Procedure Act (APA). Each federal agency shall proceed to conclude a matter presented to it within a reasonable time, and a reviewing court shall compel agency action unlawfully withheld or unreasonably delayed.[8][3]
What the suit asks for is a decision. USCIS still decides the case, and the decision can be a denial, so the application itself should be in good order before anyone sues. The court charges a $350 filing fee for a civil action plus a $55 administrative fee, separate from any lawyer's fee.[9][10] What an immigration lawyer costs explains how to compare quotes.
Naturalization: the 120-day rule
Naturalization has its own route. If USCIS has not made a decision within 120 days after the naturalization examination, the applicant may apply to the federal district court where the applicant lives for a hearing. The court may decide the application itself or send it back to USCIS with instructions.[4]
Which step fits your case?
- Before your case inquiry date: wait, unless an emergency justifies an expedite request.[5]
- Just past the inquiry date: contact USCIS and keep records.[1]
- Past the date, contacted USCIS, 60 days without an answer: the Ombudsman or a congressional inquiry.[1]
- Still stuck after that, or a naturalization case past 120 days after the interview: talk to a lawyer about a federal case.[4]
If you are weighing a lawsuit, a lawyer can check whether the file is ready and what the government is likely to argue. Do I need an immigration lawyer? explains when advice matters most, and your first consultation covers what to bring.
Common questions
How do I know whether my case is taking too long?
Use your case inquiry date, not a guess. The Ombudsman tells people to enter their receipt date on USCIS's Check Case Processing Times page to see the case inquiry date for their form and office.[1] That date can differ from the general processing times USCIS posts.[1] Before that date passes, the Ombudsman generally cannot help with a delay.[1]
Can a mandamus lawsuit get my application approved?
It asks a court to order a decision, not a particular result. The mandamus statute lets a court compel a federal officer or agency to perform a duty owed to the plaintiff, and the Administrative Procedure Act lets a court compel agency action unreasonably delayed.[2][3] USCIS still decides the application, and the decision can be a denial.
Will contacting my member of Congress help?
A member of Congress's office can make an inquiry to USCIS about your case. The Ombudsman's rules show this: it will not take a case if fewer than 45 calendar days have passed since a congressional representative made an inquiry, and members of Congress or their staff may file an Ombudsman request for you with your written consent.[1]
My naturalization interview was months ago. What can I do?
If USCIS has not made a decision within 120 days after the examination, you may apply to the federal district court where you live for a hearing; the court may decide the application or send it back to USCIS with instructions.[4] Naturalization is also one of the exceptions the Ombudsman lists for cases with a processing time set by statute or regulation.[1]
Sources
- DHS, CIS Ombudsman, How to Submit a Case Assistance Request — dhs.gov
- 28 U.S.C. § 1361 — Legal Information Institute, Cornell Law School
- 5 U.S.C. § 706(1) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1447(b) — Legal Information Institute, Cornell Law School
- USCIS, Expedite Requests — uscis.gov
- 8 C.F.R. § 103.2(b)(13)(i) — Legal Information Institute, Cornell Law School
- USCIS, Form AR-11, Alien's Change of Address Card — uscis.gov
- 5 U.S.C. § 555(b) — Legal Information Institute, Cornell Law School
- 28 U.S.C. § 1914(a) — Legal Information Institute, Cornell Law School
- U.S. Courts, District Court Miscellaneous Fee Schedule — uscourts.gov