Anyone who’s dealt with the U.S. immigration system knows: Waiting for updates from government agencies is one of the worst frustrations in the immigration process. To help ease the frustration, this article provides a few common tools to check immigration case statuses and assess timeline.
No less than four U.S. federal executive departments have their fingers in the immigration pie. Depending on their needs, an immigrant might have to contend with all four departments at one point or another. These departments and their subsidiary agencies try to work together, but they are ultimately separate entities. This means separate processes, forms, wait times, modes of communication, and public service tools.
USCIS
U.S. Citizenship and Immigration Services (“USCIS”), under the Department of Homeland Security, adjudicates the lion’s share of immigration applications. These applications include adjusting status to permanent resident, changing nonimmigrant status, work permit, travel permit, naturalization, and more. USCIS should issue an applicant a receipt notice titled “I-797, Notice of Action” within a few weeks of receiving a properly filed application. Besides serving as proof of receipt, the receipt notice contains crucial information that can help an applicant check case status.
Case Status Online (https://egov.uscis.gov/casestatus/landing.do)
This page displays a case’s current status. After entering the receipt number (found on the top left corner of the receipt notice), the page will display a short message describing the last action taken for a case.
Case Processing Times (https://egov.uscis.gov/processing-times/)
This tool provides estimates on how long each case type usually takes. Three pieces of information are needed here. Form and Form Category are found in the top right corner of the receipt notice. The Field Office or Service Center that is processing the case can be found at the bottom of the receipt notice, under “USCIS Office Address.” Those with experience can also look at the first three letters in the case’s receipt number to identify processing facility.
Clicking “Get Processing Time” will return an estimate based on recent cases USCIS processed. These estimates are updated from time to time, and they are not representative for every individual case.
E-Request (https://egov.uscis.gov/e-request/Intro.do)
The “Case Outside Normal Processing Time” feature in this page allows an applicant to submit inquiry if their case is outside normal processing time. The short inquiry form asks for information that may be found on the receipt notice.
Helpline and In-Person Appointment (1-800-375-5283)
Those who prefer to speak with live persons can call the agency’s helpline. Callers may say “Infopass” following the voice prompt to arrange an in-person appointment at the local USCIS field office. The phone representative will usually ask for identifying information – A-number, receipt number, name, address, date of birth – before making the appointment.
USCIS Ombudsman (https:/www.dhs.gov/case-assistance)
If extensive communications with USCIS do not push a delayed case forward, the USCIS Ombudsman may assist. The Ombudsman is a wholly separate agency that communicates with USCIS on problematic cases. The assistance request form is quite lengthy. Aside from providing identifying information of their case, requesters are asked to explain the steps already taken to try to resolve issues with USCIS. This indicates the Ombudsman’s stance as a “last resort” if working with USCIS has been ineffective.
National Visa Center and U.S. Consulates
Agencies within the Department of State (“DOS”) review applications for visas, documents allowing lawful entry into the U.S. Some visa types are applied with DOS without involving other government agencies, but frequently, a case may need to go through USCIS first. Once USCIS issues approval, it will then forward the case to DOS for further processing. The exact channel used for this interagency transition can vary by case types.
As discussed, inquiries should be made with the government agency that is currently processing the case. There are unfortunate, rare instances where a case may be stuck somewhere between USCIS and DOS. These are best resolved with help from an attorney.
Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html)
After receiving approval for an immigrant petition (one that eventually confers permanent residency), an applicant does not always have an immigrant visa immediately available. Immigrant visas are limited every year. Due to the high number of intending immigrants, many categories of immigrant visas have lengthy wait lines.
Use the bulletin to check whether a visa is available. Compare a case’s priority date (found on the receipt notice) with the date listed in the appropriate section, chart, column, and row of the current month’s visa bulletin.
Ask NVC (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html)
If an immigrant petition is approved by USCIS, USCIS would forward the case to National Visa Center (“NVC”). When an immigrant visa becomes available, NVC then works with the applicant to submit the visa application form, upload supporting documents, and pay visa application fees. If NVC does not timely forward a completed visa application to the appropriate U.S. consulate, applicant may use Ask NVC to inquire about the delay.
Consulates
Once a case reaches a U.S. consulate, applicant should work with the consulate to address delays. Each consulate provides different contact tools. Guangzhou, China has a contact form. San Jose, Costa Rica just provides contact information. If unfamiliar with an embassy’s practice, checking their website is typically a good start.
Department of Labor
Employment-based immigration cases such as H-1B, H-2A, H-2B, and PERM require the Department of Labor (“DOL”) to issue labor certifications before processing may commence with USCIS.
Case Status Search. (https://flag.dol.gov/case-status-search)
Enter here the case number of an ETA form that has been submitted to DOL. The system will return the current status of the case. Note that this tool does not return results for certain case types such as prevailing wage applications (ETA-9141) and PERM applications (ETA-9089).
Processing Times (https://flag.dol.gov/processingtimes)
This is a simple, one page document showing processing times and related data of all case types adjudicated by DOL.
Immigration Court
Immigrants who have received a Notice to Appear from ICE or a Notice of Hearing from Immigration Court have been placed in immigration proceedings. In these scenarios, the Court has jurisdiction over many types of immigration reliefs, such as asylum and adjustment of status.
Those placed in removal proceedings are strongly encouraged to work with attorneys with specialized experience. Our office does not represent clients in removal proceedings.
Automated Case Information (https://acis.eoir.justice.gov/en/)
Entering an individual’s A number (nine-digit number preceded by the letter “A,” found on the Notice to Appear and Notice of Hearing) will return information of upcoming hearing, court decision, appeal, and court contact.
Congressional Representatives
Congress is not directly involved in processing or reviewing immigration cases, but many congressional representatives have dedicated teams that help constituents (even non-voters) on immigration matters. They function similarly to USCIS Ombudsman, by lending the representative’s voice in the process. Methods of contact for each office is different, so a good policy is to check the representatives’ websites first.
Conclusion
We hope this article provides some direction to those who are frustrated by delays in their cases. Shiao PLLC is an immigration law firm based in Washington, D.C. We emphasize keeping our clients informed and empowered. If you need further help, contact us.