Almost every applicant in Dallas–Fort Worth feels their case is taking too long. Some are right. Before you spend money on inquiries or lawyers, it helps to separate a slow case from a stuck one, because the answer decides what to do next.

Start with the published processing times

USCIS posts processing times by form and office on its Check Case Processing Times tool. Find your form, category and the office or service center handling the case, then compare the posted time with your receipt date. Save a dated screenshot each time you check; it becomes evidence later.

Signs a case is only slow

  • Your receipt date is still inside the posted range.
  • USCIS is waiting on you: a request for evidence, a biometrics appointment or an interview.
  • The case was recently transferred or reopened.

Signs a case may be stuck

  • You are well past the posted range with no activity.
  • Cases of the same type filed after yours have been decided.
  • Inquiries return generic answers repeatedly.
  • Real harm is building: an expiring work permit, separated family or a child near an age cutoff.

The legal standard

When a case is truly stalled, federal law offers two routes. The Administrative Procedure Act, 5 U.S.C. 706(1), lets a court compel agency action unlawfully withheld or unreasonably delayed. The Mandamus Act, 28 U.S.C. 1361, gives district courts jurisdiction to compel a federal officer to perform a duty owed to the plaintiff. Courts usually judge reasonableness with the TRAC factors, and our article on how long is unreasonable explains how judges think about time.

What to do before suing

Document every inquiry, use the steps in before suing: Ombudsman, Congress and expedite requests, and consider requesting your file under FOIA as explained in our FOIA guide. Mandamus.com has a self-check on whether a case is actually stuck. If the answer is yes, see when and how to force USCIS to act.

Keep a delay file

Whatever you decide, keep one folder with the receipt notice, every later notice, dated screenshots of processing times, inquiry confirmation numbers and the answers you received. Add evidence of harm as it happens: job offers you could not accept, medical letters, travel you had to cancel. A lawyer evaluating a delay claim will ask for exactly these documents, and having them ready saves time and fees.

Frequently asked questions

Is being past the posted time enough to sue? Not by itself. Courts weigh the length of delay with other factors, including harm and whether the agency follows a rational order.

Should I file an inquiry first? Yes. A record of inquiries shows the delay is real and that you tried other options.

Does a request for evidence reset the wait? Time spent waiting for your response is generally on your side of the ledger, not the agency’s.

Key Takeaways

  • Compare your receipt date with the posted processing time for your form and office.
  • Pending requests for evidence or appointments usually mean the case is slow, not stuck.
  • Later-filed cases being decided first is a strong sign of a stall.
  • 5 U.S.C. 706(1) and 28 U.S.C. 1361 are the legal bases for delay suits.
  • Document inquiries and harm before considering litigation.

Disclosure: This site collaborates with the law firm that publishes mandamus.com and n600k.com; some articles link to their guides. General information only, not legal advice.

General information only, not legal advice. Immigration law and agency policy change often; confirm current rules before acting. Published October 26, 2026. Official sources checked October 26, 2026.