Green Card Applicants Sue USCIS Over Processing Delays
Thousands of immigrants are waiting months — sometimes years — for USCIS to decide their green card and work permit applications. Now, a Massachusetts coalition has taken the agency to court, arguing the delays are illegal. The outcome could force USCIS to move faster on cases just like yours.
What Happened in This Case
The Massachusetts Coalition for Immigration Reform filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS — the federal agency that processes green cards, work permits, and other immigration benefits). The coalition argues that USCIS has been taking too long to process applications, leaving thousands of people in legal limbo. For many applicants, these delays mean they cannot work, travel, or plan their lives while they wait.
The lawsuit focuses on how long USCIS takes to decide green card applications and other immigration benefits. Long waits can have serious consequences. If your work permit (called an Employment Authorization Document, or EAD) expires while you wait, you may lose your job. If your travel document expires, you may not be able to leave and return to the US. People in removal proceedings (the legal process where the government tries to deport someone) may face extra pressure if their paperwork is stuck at USCIS.
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Why This Matters for You
If you have a green card application, asylum application, or work permit renewal sitting at USCIS right now, this case is directly relevant to you. Courts have the power to order USCIS to make a decision within a set time. This type of lawsuit — called a mandamus action — is one legal tool that immigration lawyers use when agencies take unreasonably long to act. The outcome of this case could affect how quickly USCIS must process applications across the country.
What to Do
- Check your case status. Go to the USCIS website and use your receipt number to see where your application stands. If your case is outside the published processing time, you may be eligible to submit a case inquiry.
- Track your work permit expiration date. If your EAD is expiring soon, file your renewal as early as allowed — USCIS recommends filing up to 180 days before expiration.
- Ask a lawyer about a mandamus lawsuit. If USCIS has had your application for an unreasonably long time, an immigration lawyer can help you decide whether filing a lawsuit to force a decision makes sense in your situation.
- Keep copies of everything. Save all USCIS notices, receipt numbers, and any communication. You will need these if you pursue legal action or contact your congressional representative for help.
What to do, step by step — see our guide “Immigration Court Rulings”.
Fishkin Law Firm, New York
When USCIS sits on an application well beyond its own published processing times, applicants are not powerless. A mandamus lawsuit — filed in federal district court — can compel the agency to issue a decision, and courts have increasingly been receptive to these claims. If your EAD is at risk of expiring due to the delay, that adds urgency, since a lapse in work authorization can have immediate consequences for your employment and your immigration status. Consult an immigration attorney to evaluate whether your wait time meets the threshold for legal action.
Frequently Asked Questions
What is a mandamus lawsuit and how can it help my green card case?
A mandamus lawsuit is a legal action you file in federal court to force a government agency — like USCIS — to make a decision it has been unreasonably delaying. If a judge agrees the wait is too long, they can order USCIS to act within a specific timeframe. Immigration lawyers use this tool when normal case inquiries do not work.
My work permit (EAD) is about to expire and USCIS still has not decided my case. What should I do?
File your EAD renewal as soon as you are eligible — up to 180 days before your current one expires. If your renewal is already pending and your EAD expires, you may qualify for an automatic extension in some cases. Talk to an immigration lawyer right away, because losing work authorization can affect both your job and your immigration status.
Can I still apply for asylum while this lawsuit is ongoing?
Yes. Filing Form I-589 (the application for asylum in the US) costs nothing — the fee is $0. The lawsuit does not stop you from applying. However, USCIS processing delays may affect how long you wait for an interview or decision. An immigration lawyer can help you understand your timeline.
How do I know if my USCIS case is taking longer than it should?
Go to the USCIS website and look up the current processing times for your specific form and the office handling your case. If your case is outside that window, you can submit an online case inquiry. If that does not help, lawyers recommend contacting your congressional representative's office or consulting an immigration attorney.