What Spouses Can Do When Family-Based Immigration Is Delayed

When loved ones reunite through family-based immigration, it’s a joyous event. If you want to bring your loved ones to the United States, an Inland Empire immigration attorney can ensure that no misunderstandings or mistakes on your part delay the process.

Extensive and unpredictable delays, which can create significant emotional and financial strain for families, frequently mark the journey to lawful permanent residency or naturalized citizenship in the United States.

Spouses of U.S. citizens and lawful permanent residents (LPRs) often face administrative backlogs and complex legal hurdles that impede their fundamental right to family unity.

What Causes Family Immigration Delays?

Family immigration delays have several causes, including the high volume of applications, security and background checks, and requests for evidence. Submitting Form I-130 (a “Petition for Alien Relative”) to USCIS (U.S. Citizenship and Immigration Services) is only the first step.

If your Form I-130 is incomplete, USCIS may return it or request additional information to complete it. The typical processing time for I-130 applications is ten to fourteen months, depending on whether the form is processed in the U.S. or at a U.S. consulate or embassy abroad.

Delays may occur at almost any stage of the family immigration process, from the initial USCIS processing of Forms I-130 and I-485 (“Application to Adjust Status”) to consular processing abroad.

What Are the Consequences of Family Immigration Delays?

The consequences of a delay for the petitioning spouse (U.S. citizen or lawful permanent resident) and the beneficiary spouse can be severe:

1. Family Separation: For those undergoing consular processing abroad, delays mean extended separation.
2. Financial Instability: Non-citizen spouses may be barred from employment in the U.S. and face economic hardship until they receive an Employment Authorization Document.

What Are a Spouse’s Legal Rights and Protections?

While U.S. law does not grant an explicit right to a visa or a specific processing timeline, spouses do have fundamental rights and benefits tied to their pending applications:

1. Right to family unity: The U.S. Supreme Court recognizes marriage as a right protected under the Constitution. Excessive, unfounded immigration delays infringe on the constitutional right of citizens and LPR spouses to live with their partners.
2. Right to lawful presence and work authorization: Spouses of U.S. citizens already in the U.S. and applying for adjustment of status (Form I-485) may file an “Application for Employment Authorization” (Form I-765) concurrently with, or shortly after, the I-485.
3. Right to travel authorization: Spouses of U.S. citizens can file Form I-131 (“Application for Travel Documents”), which, upon approval, permits them to travel abroad and return to the U.S. without jeopardizing their pending I-485.
4. Protection against removal: Pending I-485 applications may prevent the initiation of, or may pause, deportation proceedings, provided the individual’s last entry was lawful (or the individual qualifies under other specific provisions).
5. Spouses also have the right to receive and respond to notices issued by USCIS or a U.S. consulate.

Notices that USCIS or a U.S. consulate may issue include a Notice of Intent to Deny, a Notice of Intent to Revoke, or a Request for Evidence. Applicants also have the right to an explanation of the notice and a specific period (typically thirty to ninety days) to respond.

If you receive one of these notices, prepare your response with the assistance of an Inland Empire immigration lawyer. A prompt and thorough response is required to prevent the denial of your application or any additional delay.

Are You an Abuse Victim?

Spouses who are victims of violence or extreme cruelty by their U.S. citizen or lawful permanent resident spouse have an independent pathway to permanent residency through the Violence Against Women Act (VAWA) of 1994.

Under VAWA, an abused spouse may file a self-petition (Form I-360) without the abusive spouse’s knowledge or cooperation. VAWA protection applies even if the couple divorces or the abuser tries to withdraw a previous petition.

What Can You Do About Family Immigration Delays?

When processing times exceed the posted USCIS processing averages or a case appears to be stalled for an unreasonable period, spouses and their legal representatives can pursue several avenues of recourse.

For example, with your attorney’s help, you may request expedited processing. Approval is at USCIS’s sole discretion and typically requires compelling evidence of a severe financial loss, a humanitarian reason like a critical illness or unsafe conditions, or a clear USCIS error.

How Will An Immigration Attorney Help?

An Inland Empire immigration attorney can explain the family immigration process and your family’s options and rights. If legal action is required, your immigration lawyer will take that action on your family’s behalf.

Family immigration always involves delays and lengthy waiting times, so if you plan to bring loved ones to the U.S., seek the assistance of an immigration lawyer from the beginning. Your lawyer will help you avoid any mistakes that could extend your waiting time.

Immigration laws are complex and constantly evolving, so it is essential to consult a lawyer who stays informed about current statutes, policies, and court rulings. It takes patience and time, but an immigration lawyer will help you and your family reach your goals in the United States.

We Reunite Loved Ones and Empower Families

An Inland Empire immigration lawyer at the Espinoza Law Group will use every legal tool necessary to reunite you with your spouse. We have considerable experience helping families overcome the obstacles they face in bringing family members to the United States.

At the Espinoza Law Group, attorney Ruben R. Espinoza offers comprehensive immigration services to families, students, and workers. We help them obtain immigration waivers, visas, and green cards. We assist those seeking asylum status and defend those at risk for removal.

The Espinoza Law Group also represents personal injury victims, the victims of wage theft and workplace discrimination, and injured Southern California workers seeking workers’ compensation benefits.

Family immigration may not seem complicated, but you can expect delays, misunderstandings, and burdensome regulations. For the help you need, call the Espinoza Law Group at 213-667-0701 and put our legal team to work for you.