Information and Resources Regarding the USCIS Processing Delays for DACA, Work Authorization, and Other Applications

Unprecedented Delays:

USCIS is experiencing unprecedented delays in its processing of immigration applications such as DACA, legal residency, and work authorization. The reason for the delays appears to be a combination of factors including recent layoffs at USCIS, the extra vetting procedures imposed by the current administration, the travel bans on some countries, and the ever-increasing backlog of applications. See also: https://www.nilc.org/articles/why-some-daca-renewals-are-taking-longer-and-what-you-can-do/.

Recommended Action Items :

Submit Your Renewal Application As Soon as Possible:

• USCIS recommends filing your renewal application as soon as possible. The timeline depends on the type of application you’re renewing. For example, USCIS recommends filing DACA renewals 150 days in advance of expiration, while those with legal permanent residence must renew within 180 days of expiration. Timelines are usually posted on the USCIS website at https://www.uscis.gov/forms/forms.

Calling USCIS and Filing an Online Inquiry with Them:

• If you are experiencing an unreasonable delay, we first recommend calling USCIS at 1-800-375-5283 or completing an online inquiry at https://egov.uscis.gov/e-request, explaining how the delay is unreasonable and how the delay will affect you (e.g. job loss or similar). You may ask for expedited processing. It will be at USCIS’s discretion whether to grant or deny that request.
• Have your receipts, alien registration number, and other similar info handy when calling or inquiring online. Note you may experience long wait times when calling USCIS.

Congressional Inquiry

You may also pursue a congressional inquiry, which is a request to your congressional representative to contact USCIS on your behalf and advocate for you, primarily if you are experiencing a delay by USCIS that is causing job loss or similar. CLINIC, a trusted immigrant resource provider, has put together a step-by-step primer on how to do congressional inquiries here:

• https://www.cliniclegal.org/resources/practice-pointer-how-file-congressional-inquiries.
• A congressional inquiry can be effective depending on the representative and your situation.
• Note that the congressional offices may want to know what efforts were made in inquiring with USCIS before reaching out to them (see paragraph above regarding calling and inquiring with USCIS).

Federal Mandamus Action:

• Depending on the facts of the case such as the harm someone has experienced or will experience due to processing delays, someone experiencing an unreasonable delay by USCIS in the processing of their application might have a case for a federal mandamus action. Whether or not to file one will be specific to the facts of your case, but we recommend speaking with a reputable attorney who handles federal mandamus actions against USCIS. LASSD does not currently provide assistance with federal mandamus actions.