An asylum seeker waiting for more than four years for a decision on their asylum request is suing the U.S. Citizenship and Immigration Services (USCIS). The individual argues that the wait is illegal because there’s supposed to be a 180-day deadline for processing asylum claims under the law. Furthermore, the delay is making it difficult for the individual to return to their home country to take care of a sick parent. A federal court in Florida is reviewing the case.

The U.S. Department of Homeland Security (DHS) says the delay is reasonable because of factors beyond their control. They point to a surge in people trying to enter the U.S. through its southern border and a big increase in asylum requests that has created a backlog. DHS also argues that the person isn’t being hurt by the wait because the individual has employment authorization and won’t be deported while awaiting a decision.

The asylum seeker claims USCIS is handling asylum requests in a way that isn’t fair. They say USCIS is processing newer cases before older ones, which means people who have been waiting longer have to wait even longer. DHS defends this approach, saying it discourages people from filing asylum claims just to get permission to work. They say USCIS uses two different tracks to process claims: one processes newer cases first and the other processes them in the order they were received. DHS also points out that the 180-day deadline for processing asylum claims isn’t always enforced strictly because Congress allows USCIS to extend it in special situations.

We actively monitor ongoing challenges to U.S. immigration policy. If you have questions about an employment-based or family-based issue, contact us. Armed with the latest updates, our team works with clients to keep them informed every step of the way throughout their immigration journeys.