If you have sponsored a spouse or other family member for a green card, you were required to file Form I-130 (“Petition for Alien Relative"). Form I-130 is used to establish and demonstrate that a valid, legal and proper family relationship exists. These forms are processed by the U.S. Citizenship and Immigration Services ("USCIS") and there is a notorious backlog in the processing by the USCIS. In this article, we will discuss a couple of options for making the USCIS expedite, speed up, or otherwise approve your Form I-130. Briefly, there are three options:
- Seek help from the USCIS Ombudsman Office
- Request expedited processing
- File a federal lawsuit called a "Mandamus Action"
The Office of the Ombudsman
The USCIS has an Office/Department called the Ombudsman. The Ombudsman has a large staff of people who investigate complaints against the USCIS. Sometimes, filing a complaint with the Office of the Ombudsman will help speed up the processing of many USCIS forms including Form I-130. Many people doubt that complaining to the Ombudsman has little or no effect. But, we here at Yekrangi & Associates think all efforts should be tried.
Requesting Expedited Processing
Another option is to request expedited processing from the USCIS. According to this fact page, the USCIS will consider a request for expedited processing for several reasons. These are:
- Severe financial loss to a company or person as long as the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for additional evidence
- Emergencies and urgent humanitarian reasons
- A nonprofit organization whose request is in furtherance of the cultural or social interests of the United States
- U.S. government interests or
- Clear USCIS error
The first option is the most commonly used. As noted in the USCIS publication, "severe financial loss "may be shown where a job is at risk or where failure to expedite would result in a loss of critical public benefits or services. If you think any of these options apply in your case, call Yekrangi & Associates. We can help get your request for expedited processing on file.
A third option is to file a lawsuit in a federal court called a "Mandamus Action." The name is based on a U.S. law called the Mandamus Act. See 28 U.S.C. §1361. The Mandamus Act gives federal judges the power to issue an Order telling the USCIS to process immigration applications/petitions. Here at Yekrangi & Associates we have experience with filing and prosecuting Mandamus Action lawsuits. Call us to discuss your options.
Contact Yekrangi & Associates Today
For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.