A judge ordered U.S. Citizenship and Immigration Services (USCIS) to reconsider a green card application due to the extreme delay in issuing a decision. While the green card application was denied by the agency, the judge found that the green card delay limited the person’s ability to respond to agency concerns.
Courts have previously found USCIS delays of four years to be unreasonable. In this matter, the delay in issuing a decision was more than six years. The original filing was submitted in 2011 and subsequently denied due to the results of an interview with a landlord. However, the applicants were unaware of the interview or that it was the basis of the denial. The applicant filed again in 2013, but the decision was not issued until 2019. USCIS issued an intent to deny notice and gave the applicant the option to provide additional information that could address the basis of denial. However, the applicants no longer had a relationship with the person interviewed. The applicants were not aware of the interview until the 2019 denial, nor that it was the basis of the original denial until eight years had passed. The long delay, and lack of awareness of the landlord interview by the applicants, raised concerns about reliability, per the judge.
The judge sent the I-130 petition back to USCIS to reconsider. Further, the judge stated the agency could not take into consideration the 2011 interview with the landlord, among other issues identified that was nullified due to the delay in adjudication.
If you have questions about your I-130 application or any other immigration-related issue, contact us at ILBSG. Our attorneys work with our clients in their specific situations to ensure they get the right advice to maximize the odds of a successful outcome.
