Lawsuit Challenges Delays in U.S. Citizenship Application Processing Due to Cave-Stored Files

13 U.S. lawful everlasting residents filed a lawsuit to finish the delay by U.S. Citizenship and Immigration Providers (USCIS) in processing their purposes to change into U.S. residents. The extreme delays are actually threatening their skill to vote within the November 2022 elections.

The plaintiffs every filed their purposes in 2020. But, they’re nonetheless ready for his or her interviews to be scheduled whereas others who filed after them are residents already. Why the wait? As a result of USCIS saved their immigration information (also referred to as A-files) in Federal Information Facilities—underground storage amenities operated by the Nationwide Archives and Information Administration (NARA).

In March 2020, these storage amenities closed as a result of COVID-19 pandemic. USCIS received’t schedule an interview till the A-file is offered. A USCIS officer should evaluate the A-file earlier than deciding whether or not to approve the citizenship software and schedule the applicant for an oath ceremony.

Two years later, the Federal Information Facilities returned to full staffing and resumed full capability operations. NARA resumed retrieving A-files and USCIS personnel have assisted with the retrieval. However the businesses made no plan to prioritize the retrieval of the A-files. USCIS additionally doesn’t have a plan to prioritize interview scheduling for candidates whose A-files are retrieved from the Federal Information Facilities.

As not too long ago as Could 2022, USCIS has responded to an applicant’s inquiry that it “anticipates a delay in finishing” their citizenship software—when the delay is ongoing. However the lawsuit plaintiffs have acquired no timeline from USCIS on when their A-files will probably be retrieved from storage and their interviews scheduled.

The lawsuit, filed within the federal district court docket in Massachusetts by the American Immigration Council and the legislation agency Gibbs Houston Pauw, sues USCIS, NARA, and their respective company heads.

Citizenship candidates face a loss from processing delays not like some other applicant for an immigration profit. If they don’t seem to be scheduled for interviews quickly, they won’t be able to change into U.S. residents in time to vote within the mid-term elections in November 2022.

The U.S. lawful everlasting residents have sued as a result of the delay is stopping them from turning into full contributors within the life they’ve chosen in the USA.

FILED UNDER: USCIS