Can I Sue USCIS for Delays in Non-Immigrant Visa?

Generally, you cannot successfully sue USCIS (U.S. Citizenship and Immigration Services) just because a non-immigrant visa application is taking a long time. Here’s why and what options you have:

1️⃣ Why suing is difficult

Immigration processing delays are common and usually not considered illegal.

Courts generally defer to USCIS’s discretion on processing times, except in cases of “unreasonable delay” under the Administrative Procedure Act (APA).

Successful lawsuits (called mandamus actions) are rare and typically require that the delay is extraordinary, not routine, and causing irreparable harm.

2️⃣ Mandamus Lawsuit

A mandamus action can be filed to compel USCIS to act.

Requirements:

USCIS has duty to act (e.g., adjudicate your pending application).

There is no other adequate remedy (like a status inquiry).

Delay is unreasonable or excessive.

Courts usually require that the delay is far beyond normal processing times (often more than a year for routine applications).

3️⃣ Practical Steps Before Considering a Lawsuit

Check USCIS Processing Times: https://egov.uscis.gov/processing-times

Submit a Case Inquiry: If your case is outside normal processing time.

Contact USCIS Ombudsman: They assist with delays and issues.

Ask your local Congressperson: They can make expedite requests in some cases.

⚠️ Key Point

Simply being frustrated with delays is not enough for a successful lawsuit.

Legal action is usually considered a last resort if your delay is extreme and harming you.

✅ Summary:

You cannot routinely sue USCIS for long non-immigrant visa delays. Options like case inquiries, expedite requests, or a mandamus lawsuit exist, but a lawsuit is only successful in rare, extreme cases."