Visa Bulletin Delays and Backlogs: What You Can Do While You Wait

As of May 2025, U.S. immigration backlogs remain a significant barrier for individuals waiting to adjust status or complete visa processing. Delays in the visa bulletin—especially for family-based and employment-based categories from countries like India, Mexico, and the Philippines—can leave applicants in limbo for years. However, there are actions you can take to push your case forward or hold the system accountable.

This guide outlines proactive steps and legal avenues available to applicants navigating excessive visa delays.

1. Contact Your Congressional Representative

Every applicant has the right to request case assistance from their U.S. Senator or Representative.

• Find your representative: https://www.house.gov/representatives/find-your-representative

• Senate lookup: https://www.senate.gov/senators/senators-contact.htm

Congressional liaisons can submit inquiries directly to USCIS, the State Department, or a U.S. embassy abroad. This doesn’t guarantee faster processing but often prompts a detailed response or status clarification.

2. Request Expedited Processing (If Eligible)

USCIS allows applicants to request expedited processing for compelling situations, including:

• Urgent humanitarian need

• Severe financial loss to a company or person

• U.S. government interest (especially for military service members or their families)

Military families may qualify for expedited handling under policies tied to Parole in Place or national interest designations.

How to Request:

• File a written request to the USCIS Contact Center or through your online account

• Include evidence of hardship, service connection, or need

3. Write to the Field Office Director or Assigned Officer

If your case is stuck at a local USCIS field office, you can write a respectful letter to the Director or designated immigration officer requesting status or reconsideration. Include:

• Your case number and receipt notice

• A concise timeline of efforts made

• Reason for urgency (medical, military, hardship, etc.)

4. Legal Action Under the Administrative Procedure Act (APA)

When delays stretch far beyond the agency’s own timelines, legal action may become not just appropriate—but necessary.

When Should You Consider Suing?

• 30 days: Still early. Most cases take 1-6 months for standard adjudication.

• 90 days or more: Reasonable to start tracking closely and gathering documentation.

• Beyond posted processing times: If your case has been pending longer than the estimated processing time on the USCIS website (https://egov.uscis.gov/processing-times), and you’ve already submitted inquiries with no progress, legal action becomes more viable.

Federal courts assess delays based on:

• The agency’s justification for delay

• The effect of delay on the applicant

• How long other cases are taking in comparison

Start tracking estimated processing time trends and compare your case’s timeline to current averages.

Under the APA, applicants can sue USCIS or the State Department in federal court for "unreasonably delayed" immigration benefits. These lawsuits don’t challenge a denial—they push the government to make a decision on a pending case.

Key Points:

• Must show that the delay is beyond what is considered “reasonable” under the law.

• Often used for delayed I-485, I-130, I-601, or N-400 decisions.

• Usually filed in federal district court by an immigration attorney.

Resources:

• AILA APA Litigation Primer

• Stanford Law’s Guide to Mandamus and APA Suits

5. Monitor the Visa Bulletin and Advocate for ReformKnow Which Field Offices Are Busiest

USCIS field office delays vary widely depending on location. Offices in high-demand areas tend to have longer wait times.

According to USCIS statistics, these were among the busiest field offices in FY 2024 for naturalizations:

• Houston, TX – 3.3% of all naturalizations

• Dallas, TX – 3.3%

• Chicago, IL – 3.3%

• Newark, NJ – 3.2%

• San Francisco, CA – 2.9%

USCIS has begun redistributing workloads to less congested offices, which may affect interview locations and processing times. Applicants should monitor updates and be aware that a case may be transferred.

Track monthly bulletin: Visa BulletinUSCIS office stats: Field Office DataTrack the monthly visa bulletin to stay informed: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Consider joining advocacy efforts to push for:

• Recapturing unused visa numbers

• Adjusting country caps

• Streamlining outdated bureaucratic rules

Final Thoughts

Delays are frustrating, but you are not powerless. Whether you're a military family, a long-term applicant, or waiting on a decision abroad, taking proactive steps can help clarify your status, move your case forward, or establish your legal right to timely adjudication.

Brave Borders is here to help you navigate your options and advocate for fairness in immigration processing.