Can an Immigration Lawyer Speed Up My Case?

Many people turn to an immigration lawyer for help with immigration matters. It is easy to get frustrated with the immigration process. Going through immigration means long processing times, immigration court delays, and rescheduled hearings. You may want to speed up the process, but some delays are unavoidable.

Talk to your immigration attorney about ways to expedite your case. However, beware of immigration services companies making promises that are too good to be true. To understand the immigration system and how long your case may take, talk to an experienced immigration attorney.

How Long Do Immigration Cases Take?

Like many other government agencies, there is a significant backlog in the immigration system. Your immigration case can involve multiple agencies, including USCIS, immigration judges, the Board of Immigration Appeals, ICE, CBP, and U.S. Embassies and Consulates.

The U.S. Citizenship and Immigration Services (USCIS) is the government agency that handles most immigration law issues. USCIS processes visa applications, naturalization, family-based immigration, asylum claims, and more.

Immigration law can involve many topics and legal issues. Immigration law cases can include anything from deportation to adjustment of status to international adoption. The normal processing time it takes to handle your immigration case can depend on the type of legal issues involved, request for evidence, and legal appeals through the court system.

For example, processing a green card can take up to 90 days after paying your fees and entering the U.S. on an immigrant visa. However, getting an immigrant visa for an adult sibling from Mexico can take more than 14 years. If USCIS denies your claim, going through the appeals process can take months or years longer.

Talking to an experienced immigration lawyer at the beginning can help you understand what to expect. Your attorney can explain the immigration application process timeline under the best-case and worst-case scenarios. An attorney can also help you avoid common mistakes and tell you what you can do to speed up the wait times.

Average Immigration Case Timeline

USCIS provides historic processing times for different types of immigration cases. The following are historic processing times in months for the following types of cases:

• Petition for a Nonimmigrant Worker: 3.4 months (0.4 months for premium filing)
• Petition for an Alien Fiancé(e): 6.4 months
• Petition for an Alien Relative (Adoption): 45.9 months
• Application for Travel Document: 13.5 months
• Application to Register Permanent Resident (employment-based): 7.1 months
• Application for Provisional Unlawful Presence Waiver: 30.4 months
• Application for Temporary Protected Status: 6 months

Does USCIS Offer Expedited Processing?

USCIS does offer expedited services for some types of immigration filings. According to USCIS, they will consider all expedite requests on a case-by-case basis. This includes adjudication of applications, appeals, petitions, and motions. When submitting an expedite request, you should demonstrate:

• Financial losses if urgent action is not taken
• Humanitarian emergencies
• Interests of nonprofit organizations
• Government interests
• Reviews based on clear USCIS error

Eligibility for expedite requests is discretionary. It is up to the USCIS officials to decide whether your case should be put at the front of the line ahead of other filings.

Premium Processing Fees

USCIS also offers premium processing for an additional fee for certain types of applications. Most of the premium processing fees are for student and employment-based immigrant and non-immigrant visas. Premium processing offers expedited processing service within a specified time period.

For example, premium processing for an H-1B visa is an additional $2,805, which speeds up the processing time to a historic average of 0.4 months.

How Can an Attorney Help Avoid Delays?

An immigration attorney can help you avoid many of the unnecessary delays that many people deal with in immigration law. You do not need a lawyer for many immigration filings. However, legal assistance can help you avoid common mistakes that cause delays or denials.

An immigration attorney is familiar with the legal process, deadlines, and filing requirements. Your attorney may also be familiar with the different immigration judges.

There are unavoidable delays in many types of legal cases. Many people going through immigration court for the first time get frustrated with the rescheduling, last-minute delays, and limited immigration court availability. Many of these delays are part of the immigration legal system. Talk to your attorney about what to expect so these delays do not cause unnecessary frustration and confusion.

Beware of Promises Too Good to Be True

Unfortunately, many immigration scams take advantage of people who need help in a hurry. Immigration counselors or consultants (who are not licensed to practice immigration law) offer to get you to the front of the line for a fee. Beware of anything that sounds too good to be true.

Many of these scammers just take your money and don’t do anything to speed up your case. In some cases, they can hurt your immigration case by filing false documents or missing deadlines. Only a licensed attorney can practice immigration law.

To understand how long your immigration case may take, talk to an immigration lawyer. Your attorney can explain the process so you know what to expect, including possible delays. Your attorney can also help you avoid unnecessary delays and resolve your case as quickly as possible. Contact an experienced immigration attorney for legal advice.