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The Common Question: ‘How Long Will This Take?

Easily the most frequent question we get as immigration lawyers is “how long is this going to take?” This makes sense. The lengthy processing delays by the United States Citizenship and Immigration Service are infamous and cause significant uncertainty for applicants. These delays can disrupt personal lives, delay work authorization, and keep families apart, creating immense emotional and financial strain.

USCIS processing delays are so unreasonable that an entire practice area has opened up for immigration lawyers willing to sue the government to force it to make a decision. Benach Collopy files many such actions every year. These lawsuits, known as mandamus actions, compel USCIS to make a decision when delays become excessive and remain the single most effective remedy to endemic USCIS delay.

Why Are USCIS Processing Times So Unpredictable?

But the honest answer to the question is “we don’t know. It could take three months or three years.” The reality is that USCIS case processing times are constantly changing as the USCIS shifts resources to address an overwhelming caseload.

This unpredictability stems from various factors, including surges in applications, staffing shortages, and shifts in priorities caused by policy changes. For example, increased applications for humanitarian programs or changes to immigration policy can suddenly redirect resources, creating delays in other areas. While these adjustments aim to meet urgent needs, they often exacerbate backlogs for other types of cases.

Interpreting USCIS’s Published Processing Times

The USCIS now publishes its processing times on its website. At this link, anyone can check the processing time for any type of case. However, the processing time that results from such an inquiry is a period of time that states when 80% of pending cases have been completed, which is a highly unusual way of stating a processing time.

Imagine getting on an airplane and they say that “80% of our flights are completed in three hours.” It leaves a lot of questions. Are some flights landing in 20 minutes? 40 minutes? 2.5 hours? What about the 20% that go beyond three hours? Is there an outer limit? The USCIS link is not very helpful.

While this tool provides a baseline, it is crucial to view it as a general guideline rather than a definitive estimate. Processing times can vary widely between service centers, so applicants should check frequently and focus on their specific case type and location.

How We Estimate USCIS Processing Times for Clients

So what do we do? We try to give our clients our best estimates based upon what we are seeing at the moment. We file applications and petitions every day. While we file just about every type of application, there are some applications that we file a lot of—marriage-based adjustment of status, citizenship, work permits, advance parole. For these types of applications, we, as a firm, have built a wealth of anecdotal evidence and insights about the state of processing at USCIS.

To refine our estimates, the firm maintains an internal tracking system where case updates and outcomes are logged. This shared database, combined with frequent conversations in our firmwide Teams chat, allows us to spot patterns and respond to client inquiries accurately. For example, when someone asks, “how long are X applications taking in (location)?,” someone in the office is almost guaranteed to know based on recent filings. These collaborative efforts ensure we stay informed and provide realistic timelines.

The Value of First-Hand Experience and Collaboration

We think that this first-hand experience is better than simply telling people what the USCIS says on their faulty website. We try to add the value of the hundreds of applications we file each year and the experience that comes with it to offer clients a realistic timeline of what they can expect.

Collaboration is key; beyond our internal tracking and discussions, we actively engage with professional networks and immigration law associations to stay informed about trends and anomalies across the industry. Does the USCIS make us look foolish sometimes? Sure, they keep us humble. But, generally, we have a very good idea of how long things are taking regardless of what the USCIS says.

Staying Informed: An Ongoing Commitment to Clients

At Benach Collopy, we are constantly monitoring processing trends on our own cases, comparing it with USCIS projections, and speaking with our colleagues to provide our clients with the most accurate information available. But this is an art more than a science and we encourage no one to get too anxious over USCIS estimates. Just shoot us a note or give us a call and we will give you all the benefit of our experience to give you an accurate answer.