Green Card Applicants Sue USCIS Over Processing Delays
Thousands of immigrants are waiting months — sometimes years — for USCIS to process their green card applications, work permits, and asylum cases. Now, a Massachusetts coalition has taken the agency to court, arguing the delays are illegal. The outcome could affect immigrants across the entire country.
What This Lawsuit Is About
The Massachusetts Coalition for Immigration Reform filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) — the federal agency that processes green card applications, work permits (called EADs), and other immigration benefits. The coalition argues that USCIS is taking too long to process applications, leaving thousands of immigrants in legal limbo. For many people, these delays mean they cannot work legally, travel, or move forward with their lives.
The case is especially important for people in removal proceedings (the formal legal process where the government tries to deport someone), asylum seekers, and those waiting on green card applications. Long processing times can have serious consequences. For example, if your work permit expires while you wait for a renewal, you may lose your job. If your green card application is stuck, you may miss important deadlines that affect your immigration status.
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Who Is Most Affected
People most at risk from these delays include asylum seekers going through the asylum application process, immigrants waiting for family reunification visas, workers on H-1B extensions, and people with Temporary Protected Status (TPS) or DACA renewals. The lawsuit argues that USCIS has a legal duty to process applications within a reasonable time — and that it is not meeting that duty. If the court agrees, USCIS could be ordered to speed up processing across many case types.
What to Do
- Check your case status regularly on the USCIS website using your receipt number. If your case is outside the normal processing time, you may be able to submit a case inquiry online.
- If your work permit (EAD) is expiring soon, file your renewal as early as possible — lawyers recommend filing up to 6 months before the expiration date.
- If you are in removal proceedings or have an upcoming immigration court hearing, do not miss your court date even if your other applications are delayed. Missing court can lead to a deportation order.
- Keep copies of all documents you have submitted to USCIS, including proof of delivery and receipt notices. These records are important if you need to take legal action later.
Fishkin Law Firm, New York
If your case has been pending beyond the USCIS published processing time, you have the right to file a mandamus lawsuit in federal court to compel the agency to act — this is a separate legal tool from the coalition lawsuit and can move your individual case faster. Do not assume the coalition lawsuit will automatically fix your situation; your personal deadlines, especially for EAD renewals and removal proceedings, continue to run regardless of ongoing litigation. Consult an immigration attorney to evaluate whether a mandamus action or other legal remedy makes sense for your specific case.