I filed an H-4 EAD renewal application about 4 months ago. I have heard that the USCIS frequently is taking 1 year or more to adjudicate these applications. Can I sue the USCIS to get them to adjudicate my EAD application?


You can file a writ of mandamus against the USCIS to try to force the agency to adjudicate your case. If the court agrees that there has been an unreasonable delay in adjudicating the case, the judge could order the USCIS to complete its adjudication.

That being said, in recent months, we have seen improvements in processing times for H-4 and EAD applications. We have been seeing many such cases processed in 5-to-7 months. While this is still not ideal, it is significantly faster than processing times seen through much of the pandemic. (04.Nov.2021)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.


Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.