What You Can Do When the USCIS Is Ignoring Your Application

USCIS delays can feel overwhelming for thousands of immigrants waiting to process their immigration applications. However, there is a legal pathway to expedite your case: suing the government through a mandamus lawsuit.

If the idea of suing a federal agency feels intimidating, don’t worry—this process is common, effective, and can help you secure results much faster.

In this guide, we’ll explain what it means to sue the government to expedite your USCIS case, what it could mean for your case, and how Pro Se Pro can make the process seamless and stress-free.

Why Do Applicants Sue USCIS?

USCIS handles a lot of applications. And with processes that don’t always make sense and don’t always follow a transparent order, a massive backlog of applications has emerged. And that typically means long delays. Delays so long are considered incredibly unreasonable, at an objective, legal level. For example, U visa applicants can face waiting times of over five years for a Bona Fide Determination (BFD) and up to 17 years for final approval. These delays not only disrupt lives but also create financial strain and uncertainty.

By suing the USCIS, you compel the agency to take action on your case. Over 93% of these lawsuits lead to an approval without any further action —often within just 43 days. This isn’t about being confrontational for no reason; it’s about knowing and using your legal rights when the system fails to operate as it should.

How Does the Process Work?

Pro Se Pro simplifies the litigation process, empowering you to take action without the stress of navigating legal complexities. Here’s how it works:

Sign up: You sign up online for the Delay Lawsuit Service that best suits your situation. The length of delay varies by application type, but you can review all the details and requirements on each page (we provide services for many different application types, from I-130, to Advance parole for Adjustment of Status, to work authorization for U Visa, and many more).

Provide Your Info: We’ll send clear instructions via email, you’ll get access to our app where you’ll fill out a form to gather the necessary details for your case.

Get Lawsuit Packet: Our team prepares an official packet with all the documents you need to file a lawsuit. We’ll send it to you with a prepaid envelope addressed to the appropriate court. Sign the complaint and drop it in the mail—it’s that simple!
Case Registered: The court registers your case and sends us the summons letters (these are official letters used to notify the USCIS and DOJ about your lawsuit).
USCIS Gets Served: We ensure proper service of the summons to notify USCIS of the lawsuit. The USCIS has 60 days to respond, with an average resolution time of 43 days in our experience.

This straightforward process allows you to take control of your application timeline with minimal effort.

Addressing Common Concerns About Retaliation

Many applicants worry that suing the government could harm their case. Here’s why this fear is unfounded:

Retaliation Is Illegal: Federal law prohibits any form of retaliation for exercising legal rights.
USCIS and DOJ Separation: The Department of Justice (DOJ) handles lawsuits, while USCIS manages application adjudication. The USCIS officer processing your case likely won’t even know about the lawsuit.
No Practical Tracking: There isn’t some tracking system in place for the USCIS to monitor which applicants may or may not have used litigation to get movement on their applications.
Good People: The unreasonable delays with USCIS applications are a result of broken systems and processes. But the adjudicators processing applications and mostly really good people. Even if they were someone made aware of the lawsuit (which is highly unlikely), there’s no logical reason for the individual processing your application to retaliate.

Our attorney advisor, a former DOJ lawyer, has witnessed thousands of these cases. In their experience, retaliation simply doesn’t happen. Again, USCIS employees are career professionals dedicated to their roles—your lawsuit won’t impact their decisions.

Why Acting Now Is Critical

The re-election of Donald Trump signals potential policy changes. Drawing from his prior administration, we anticipate stricter regulations that could impact programs and processing times. These changes may:

Delay approvals further.
Restrict access to temporary benefits like deferred action.
Create additional hurdles for applicants.

While policy changes may take time to implement, acting now ensures you can secure benefits like work authorization before any restrictions take effect.

What Are the Benefits of Suing the Government?

Suing the government may sound intimidating, but it’s an effective and practical step for those facing unreasonable delays in their USCIS case. Some of the key benefits include:

Faster Processing: Most cases are resolved within 43 days of serving the summons.
Work, Residency, Travel Approvals: Many applicants receive their approvals shortly after litigation.
Certainty: A lawsuit sets a clear timeline for USCIS to act, reducing uncertainty.

Take Action Today

Every day you wait is another day of uncertainty. Don’t let backlogs and policy changes keep you from the life you deserve. We’re here to guide you through the process with tools and resources designed to make litigation accessible and stress-free.

Start With Our Eligibility Quiz

Are you eligible to take legal action? Find out today by completing our eligibility quiz. If your case qualifies, we’ll help you fast-track your application and see results in just a few weeks.

Secure Your Future Now

The immigration system is complex, but with the right tools and support, you can take control of your journey. Don’t wait for policies to change—act today to protect your status and move your application forward.

Take the first step toward resolution with Pro Se Pro. Your future starts here.

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