In the labyrinth of U.S. immigration bureaucracy, delays in processing visa and benefit applications have become an unfortunate norm. The backlog, particularly evident in U visas, raises concerns for applicants facing emergencies. Navigating the lengthy processing queues demands a strategic approach. Here, we delve into two potent options: requesting expedited processing and pursuing a federal Mandamus lawsuit.
Why Pursue Expedited Processing?
Amidst the sea of pending visa applications, the power to request expedited processing directly from the U.S. Citizenship and Immigration Services (USCIS) remains a hidden gem. Despite the staggering backlog of approximately 100,000 U visas at the Vermont Service Center, expedited processing is a viable lifeline, especially in emergencies.
Criteria for Expedited Processing
While not every application qualifies for expedited processing, meeting specific criteria increases the likelihood. The USCIS, exercising discretion, considers three hardship-related factors:
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Severe Financial Loss:
- Evidence of substantial financial loss due to delayed processing, such as the impact on employment or business operations.
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Emergency Situations:
- Instances of grave illness or life-threatening conditions affecting the applicant, warranting immediate attention.
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Humanitarian Reasons:
- Events like war in the applicant's home country, necessitating urgent processing due to deteriorating conditions.
How to Request Expedited Processing
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Written Request:
- Initiate the process with a well-crafted written request to the USCIS, emphasizing the criteria met and attaching supporting evidence.
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Congressional Advocacy:
- Leverage the advocacy services provided by local Senators or U.S. Representatives. They can intercede with federal agencies on behalf of constituents, expediting the application.
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USCIS Ombudsman:
- Submit a written request through the USCIS Ombudsman, providing a formal channel for expedited processing consideration.
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InfoPass Appointment:
- In urgent cases, hand-deliver the expedite request via an InfoPass appointment, ensuring direct communication with USCIS officers.
Strategizing the Expedited Request
In navigating the USCIS terrain, submitting a well-documented written request stands as the primary strategy. This includes a persuasive cover letter or attorney brief highlighting the urgency and attaching supporting evidence.
Making the Most of Congressional Support
Engaging local Senators or Representatives can be a game-changer. A case in point is the success story where Congressman Barney Frank facilitated the adjudication of a green card application in a mere 27 days. Congressional advocacy adds weight to the request, often expediting the process significantly.
USCIS Ombudsman: A Formal Appeal
Utilizing the USCIS Ombudsman offers another avenue for a written appeal. The established process provides a structured approach to present the case for expedited processing.
InfoPass Appointment: An Immediate Solution
When urgency dictates, an InfoPass appointment allows for hand-delivering the expedite request. Having legal representation during this appointment is advisable, as it ensures effective communication with USCIS officers, who may lack context about the specific case.
Conclusion
In the complex realm of USCIS processing, proactively seeking expedited processing can be a game-changing strategy. By understanding the criteria, leveraging congressional support, and utilizing formal channels, applicants can navigate the bureaucratic maze with precision. Expedited processing is not a guaranteed remedy, but a well-executed strategy increases the chances of a swift resolution in the face of pressing circ*mstances.
