I-485 Adjustment Delays: Your Legal Options When USCIS Takes Too Long

Waiting for a decision on your Form I-485 adjustment of status application can be frustrating, especially after you have completed your interview and months pass without any meaningful update. While some delays are unavoidable, applicants do have options when a case appears to have stalled.

The first step is usually to make appropriate status inquiries with USCIS. Applicants can also ask their U.S. senator or representative to submit a congressional inquiry on their behalf. In some cases these efforts result in movement on the case. Right now, it seems these types of inquiries are generally having no effect.

When repeated inquiries fail to produce a decision, litigation may be an option. A federal lawsuit in this posture does not ask the court to approve the application. Instead, it asks the court to require USCIS to make a decision within a reasonable period of time.

Joseph & Hall is currently organizing litigation for certain applicants whose adjustment of status interviews were conducted at the USCIS Denver Field Office and whose cases have remained pending for an extended period after the interview. The lawsuit seeks a court order requiring USCIS to adjudicate the pending I-485 applications. It does not ask the court to dictate the outcome of those applications.

If you believe you may qualify, you can learn more here:

• Plaintiff onboarding page:
  Post-Interview Adjustment of Status Delay Litigation Plaintiff Onboarding
• Frequently Asked Questions:
  Denver Field Office Interview AOS Delay Litigation FAQ PDF

Every delayed case is different. If your adjustment application has remained pending long after your interview and ordinary follow-up efforts have not resolved the delay, it may be worthwhile to explore whether litigation is appropriate for your situation.