Eighteen months of silence from USCIS after submitting an application, or even completing an interview, is more than frustrating. For many applicants, it raises a deeper question: is something wrong with my case? Has it been lost in a backlog?
The answers to these questions matter, and so does your next move. You may want to seek answers by:
- Checking the status and history of your case
- Identifying any systemic issues that may be causing delays
- Submitting a USCIS or congressional inquiry
- Considering federal litigation with an immigration attorney
At Joseph & Hall P.C., Colorado’s leading immigration law firm since 1998, our attorneys regularly guide clients through these situations. The steps below are meant to help you understand what may be causing the delay and what options could be available to you.
What to Do When Your I-485 Has Been Pending for Months With No Word
An 18-month delay does not automatically indicate a problem, but it does often warrant a closer look. You may want to begin moving forward by working through the following steps in order.
Step 1: Review Your Case History for Missed Notices, RFEs, or Interview Updates
Before taking any external action, conduct a thorough review of your own records:
- Log in to your USCIS online account and check for any notices you may have missed.
- Confirm that your mailing address on file with USCIS is current and correct.
- Review your case status on the USCIS website using your receipt number.
- Check whether you received—and, if so, responded to—a Request for Evidence (RFE).
- Verify whether an interview was scheduled, completed, or rescheduled.
A missed RFE or an outdated address can be enough to stall a case indefinitely. Resolving these issues is the logical first step.
Step 2: Identify Whether a Systemic Issue Is Causing the Delay
Some I-485 delays have nothing to do with the applicant’s file. Common systemic causes include:
- Visa unavailability, as reflected in the monthly Visa Bulletin, which means USCIS cannot approve your case regardless of how complete it is.
- Pending security or background checks that may make some applicants face extended holds for reasons outside their control.
- Administrative errors that can place a case on hold without any notification to the applicant.
Understanding the source of the delay can help determine which remedy is appropriate.
Step 3: Submit a USCIS Case Inquiry or Request Expedited Processing
Once you have reviewed your records and identified no obvious issues, there are formal channels available to move your case forward. These include online inquiries to USCIS if your case has exceeded posted processing times; asking your U.S. senator or representative to submit a congressional inquiry to USCIS on your behalf; or submitting an expedite request to USCIS if you meet the criteria.
It is worth noting that, as of writing, congressional inquiries are currently having limited effects in many cases. This makes the next step worth considering sooner rather than later.
Step 4: Consult an Attorney About Whether Federal Court Action Is Warranted
When routine inquiries fail to produce any action from USCIS, federal litigation may become appropriate. A lawsuit filed in this context does not ask the court to approve the I-485 application. Rather, it asks the court to require USCIS to make a decision on the case within a reasonable period of time. Federal court action is particularly worth exploring when:
- The case has been pending for an extended period after the interview has already been completed.
- Repeated inquiries to USCIS and congressional offices have not produced any response or movement.
- There is no pending RFE, no visa unavailability issue, and no known reason for the delay beyond normal processing times.
Joseph & Hall P.C. is currently organizing litigation for applicants who completed their adjustment of status interview at the USCIS Denver Field Office, yet have been waiting on pending cases for an extended period after the interview. If you believe you may qualify, you can learn more on our plaintiff onboarding page.
Take the Next Step With Joseph & Hall P.C.
A months-long delay on your Form I-485 can sometimes extend beyond the point of simply “waiting it out.” Each situation is different, but the right path forward may include taking action within your USCIS account or with an attorney, depending on the specific facts of your case.
Joseph & Hall P.C. has represented individuals and families in complex immigration matters for over 25 years. Our attorneys bring focused experience in federal litigation, adjustment of status, and USCIS delay cases. To speak with an immigration attorney about your pending I-485, contact Joseph & Hall P.C. today to schedule a consultation.
