Has Your Green Card Application Been Waiting for Months? Here Are the Overlooked Details!

In the United States, the processing times for immigration applications can vary depending on the type of application, the conditions of the file, and the workload of U.S. Citizenship and Immigration Services (USCIS). In particular, for Green Card applications filed through marriage, delays can arise when files are processed at different offices or when administrative procedures encounter setbacks, extending waiting periods.

Immigration attorney Saime Atakan noted that applications that remain unresolved for a long time do not necessarily indicate a negative outcome, and she cited an example from a case she was tracking at her law firm.

Files Stayed in Different States After the Move

According to Atakan, a client who applied for a Green Card through marriage moved from California to Louisiana while the application was pending. After the address change, the marriage‑based immigration petition, Form I-130, was sent to Louisiana, while the Form I-485, which requests a status adjustment for the Green Card, remained in Los Angeles.

The fact that the two applications were located in different offices caused administrative confusion during the evaluation process. As a result, the client had to attend immigration interviews twice.

Atakan said she had corresponded repeatedly with the relevant units in both Los Angeles and New Orleans to advance the case.

I-130 Approved, but Green Card Application Remains Pending

Following the efforts, the client's I-130 petition was approved. However, the I-485 application that would grant permanent residency in the U.S. has not yet been resolved.

According to Atakan's statement, despite no adverse findings in the file that could lead to rejection of the application, the waiting period continued.

Due to the lack of progress on the application, the law firm pursued filing a mandamus action in federal court.

After the Mandamus Action, Third Interview

A mandamus suit is known as one of the legal avenues that can be invoked on the grounds that a federal agency has unreasonably delayed a legally mandated action. In immigration files, this suit can be used to compel the competent agency to act on the application. However, filing the suit does not guarantee a favorable outcome for the application.

In the incident shared by Atakan, the client was summoned for a third interview after the Mandamus lawsuit was filed.

The day after the third interview, the long‑awaited I‑485 application was approved.

Atakan stated that his client would now receive a direct 10‑year Green Card, announcing that the lengthy process had yielded a positive outcome.

Every delay does not mean there is a problem in the file.

Lawyer Saime Atakan, who noted that the example illustrated the importance of administrative delays in immigration applications, emphasized that applicants should not conclude that there is a problem in their files merely by looking at the waiting time.

Using the phrase 'A file taking a long time does not necessarily mean there is a problem in the file,' Atakan said that some applications can remain pending entirely for administrative reasons.

In evaluating applications, factors such as USCIS's workload, the office where the file is located, address changes, and application‑specific conditions can play a role.

What Steps Can Be Taken in Long‑Standing Applications?

For those whose immigration applications have been pending for a long time, it is crucial first to check the current status of their file and the normal processing times for the relevant application type via USCIS.

When an application exceeds the normal processing time, applicants can inquire with USCIS, contact the relevant units, and, if necessary, consider legal options.

A mandamus action is not viewed as an automatic remedy that can be filed for every delayed case or guaranteed to yield a definitive outcome. Its suitability depends on the length and cause of the delay and the file’s specific circumstances.

The example shared by attorney Saime Atakan demonstrates that long wait times in immigration cases do not always stem from the applicant, while emphasizing the importance of regularly monitoring files and, when necessary, taking legal action.

Atakan Law, which serves in California, New York and Maryland, continues its legal advisory activities related to immigration processes.

Atakan Law | Attorney Saime Atakan

📞 (424) 466-0155📍 California • New York • Maryland

/path>/g>/g>/g>/svg>/a>/div>div style="padding-top: 8px;">div style=" color:#3897f0; font-family:Arial,sans-serif; font-size:14px; font-style:normal; font-weight:550; line-height:18px;">See this post on Instagram/div>/div>div style="padding: 12.5% 0;">/div>div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;">div><div style="background-color: #F4F4F4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);">/div>`<div style="background-color: #F4F4F4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;">`/div>div style="background-color: #F4F4F4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);">/div>/div>div style="margin-left: 8px;">div style=" background-color: #F4F4F4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;">/div>div style=" width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg)">/div>/div>div style="margin-left: auto;">div style=" width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);">/div>div style=\" background-color: #F4F4F4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);\">/div>div style=\" width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);\">/div>/div>/div>div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;">div style=" background-color: #F4F4F4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;">/div>div style=" background-color: #F4F4F4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;">/div>/div>p style=" color:#c9c8cd; font-family:Arial,sans-serif; font-size:14px; line-height:17px; margin-bottom:0; margin-top:8px; overflow:hidden; padding:8px 0 7px; text-align:center; text-overflow:ellipsis; white-space:nowrap"a post shared by Saime Atakan Esq. (@saimeatakan)