What Happens If My Green Card Application Is Delayed? Understanding Your Options

The broken U.S. immigration system is infamous for its delays, and green card applications are no exception. At the Law Office of Lina Baroudi, we’ve seen firsthand how these delays can disrupt lives, separate families, and create unnecessary anxiety for foreign persons navigating the path to lawful permanent residence.

If your green card application is stuck in processing limbo, you need to understand why these delays occur, how they impact your status, and what actions you can take to protect yourself. The government isn’t going to volunteer this information, so we’re laying it out for you.

Why Are Green Card Applications Taking So Long?

Green card delays have reached crisis levels, and the Trump administration has only made things worse with a recent decision to temporarily pause processing certain adjustments of status applications for “additional vetting.” This comes on top of existing backlogs that have plagued USCIS for years.

Several factors contribute to the inexcusable delays in green card processing:

1. Excessive Vetting and Bureaucratic Obstacles

The current administration has implemented extensive vetting procedures that needlessly slow down the processing of applications. According to recent news reports, USCIS has suspended processing for certain green card applications, particularly affecting refugees and asylees applying for adjustment of status.

As reported in March 2025, the new administration has ordered “additional screening and vetting” for these applications without providing clear timelines or transparency about the process. This is just the latest example of how the system creates arbitrary hurdles for immigrants seeking legal status.

2. Chronic Understaffing and Funding Issues

USCIS is primarily funded by application fees, creating a dysfunctional cycle: when processing slows down, fewer applications get processed, leading to less revenue and further staffing constraints. The Migration Policy Institute reported that between 2016 and 2020, spending on vetting nearly tripled from $53 million to $149 million, contributing to a $1.2 billion shortfall in 2020.

3. Backlogs From COVID-19 and Policy Changes

Though USCIS claims it reduced its backlog by 15% in 2023 and another 11.2% in 2024, millions of applications remain stuck in the system. Policy changes and processing adjustments continue to create new bottlenecks even as old ones are addressed.

How Long Is “Too Long” for Green Card Processing?

Understanding normal processing times is critical to determining whether your case is actually delayed or still within expected timeframes. Here’s what you should know:

Form I-130 (Petition for Alien Relative)

• Initial receipt notice: You should receive this within 2-3 weeks after filing
• Processing time: Currently ranges from 8-15 months for immediate relatives and can be significantly longer for family preference categories
• If your check was cashed: You should receive a receipt notice within 6 weeks

Form I-485 (Adjustment of Status)

• Processing time: Varies dramatically based on category and location—employment-based applications currently take 8-18 months, while family-based adjustments can take 12-36 months
• Interview scheduling: After biometrics, expect to wait 4-12 months for an interview, depending on your local field office

Consular Processing

• National Visa Center processing: After I-130 approval, NVC processing takes 2-4 months
• Interview scheduling: Highly variable depending on the consulate, but typically 3-6 months after NVC completes processing

What Happens to Your Status During Delays?

One of the most stressful aspects of green card delays is uncertainty about your status while waiting. Here’s what you need to know:

If You’re Adjusting Status in the U.S.

• Authorized Stay: You are in a period of authorized stay while your properly filed I-485 is pending
• Work authorization: If you filed for an Employment Authorization Document (EAD) with your I-485, you can work once approved (typically 90-180 days after filing)
• Travel restrictions: Without an approved Advance Parole document, leaving the U.S. will likely result in abandonment of your I-485 application

If You’re Processing Through a Consulate

• No automatic status protection: Unlike adjustment of status, consular processing doesn’t provide any immigration status while you wait
• Visa restrictions: You’re subject to the terms of any existing visa you might have

Critical Steps to Take During Green Card Delays

The immigration system won’t advocate for you during delays, so you need to be proactive:

1. Check Your Case Status Regularly

• Use the USCIS Case Status Online tool with your receipt number
• Register for automatic case updates via email or text
• Document every status change with screenshots and dates

2. Keep Your Information Current

• Address updates: You must update your address with USCIS within 10 days of moving—failure to do so could result in missing critical notices
• Important: Changing your address with USPS will NOT update your address with USCIS
• How to update: File Form AR-11 online or by mail and also submit a change of address specifically for your pending application

3. Maintain Valid Status If Possible

• If you have nonimmigrant status (like H-1B or F-1), try to maintain it even with a pending green card application
• Consider filing extensions or changes of status as backup protection

4. Follow Up on Delays Beyond Normal Processing Times

If your application is taking longer than the posted processing times:

• First step: Submit a case inquiry through the USCIS website once your case is outside normal processing times
• Second step: Contact the USCIS Contact Center at 800-375-5283
• If no response: Follow up with the service center that has your application via email after 30 days

5. Consider Expedite Requests in Limited Situations

USCIS may expedite processing in certain situations:

• Severe financial loss to a company or person
• Emergency situations
• Humanitarian reasons
• U.S. government interest
• Clear USCIS error

Be prepared to provide substantial evidence—USCIS rarely approves these requests without compelling documentation.

When to Contact an Immigration Attorney About Delays

The consequences of mishandling delays can be severe, including potential denial or abandonment of your application. Consider seeking legal help if:

• • Your case is significantly outside normal processing times
  • You’ve received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID)
  • Your circumstances have changed during the delay (marriage, divorce, aging out of a category)

• You need to travel internationally while your application is pending
• Your existing immigration status is expiring

An experienced immigration attorney can help file appropriate follow-up inquiries, prepare expedite requests with supporting documentation, and potentially file a writ of mandamus lawsuit in extreme cases of government inaction.

Your Options for Severe Delays

When standard follow-up methods fail, more aggressive options may be necessary:

Congressional Assistance

Your U.S. Representative or Senator’s office may help by making an inquiry on your behalf. This can sometimes move stalled cases forward, though results vary widely depending on the office.

Writ of Mandamus

As a last resort for extreme delays, a mandamus lawsuit can compel USCIS to make a decision on your case. This doesn’t guarantee approval but forces the agency to take action. These lawsuits are complex and should only be pursued with qualified legal representation.

The Reality of Green Card Delays in Today’s System

The current immigration system is designed to be difficult to navigate, with excessive vetting, changing policies, and inadequate resources. The most recent move to pause certain green card applications for additional vetting shows how arbitrary policy changes can suddenly affect thousands of applicants with no warning or clear timelines.

At the Law Office of Lina Baroudi, we’ve helped many immigrants navigate these frustrating delays. While we can’t fix the broken system, we can help you understand your options, protect your status during delays, and take appropriate action to move your case forward.

If your green card application has been delayed beyond normal processing times, contact our office for a consultation to discuss your specific situation and develop a plan to address the delay.