Spanish
Official VisaVerge Logo Official VisaVerge Logo
  • Home
  • Airlines
  • H1B
  • Immigration
    • Knowledge
    • Questions
    • Documentation
  • News
  • Visa
    • Canada
    • F1Visa
    • Passport
    • Green Card
    • H1B
    • OPT
    • PERM
    • Travel
    • Travel Requirements
    • Visa Requirements
  • USCIS
  • Questions
    • Australia Immigration
    • Green Card
    • H1B
    • Immigration
    • Passport
    • PERM
    • UK Immigration
    • USCIS
    • Legal
    • India
    • NRI
  • Guides
    • Taxes
    • Legal
  • Tools
    • H-1B Maxout Calculator Online
    • REAL ID Requirements Checker tool
    • ROTH IRA Calculator Online
    • TSA Acceptable ID Checker Online Tool
    • H-1B Registration Checklist
    • Schengen Short-Stay Visa Calculator
    • H-1B Cost Calculator Online
    • USA Merit Based Points Calculator – Proposed
    • Canada Express Entry Points Calculator
    • New Zealand’s Skilled Migrant Points Calculator
    • Resources Hub
    • Visa Photo Requirements Checker Online
    • I-94 Expiration Calculator Online
    • CSPA Age-Out Calculator Online
    • OPT Timeline Calculator Online
    • B1/B2 Tourist Visa Stay Calculator online
  • Schengen
VisaVergeVisaVerge
Search
Follow US
  • Home
  • Airlines
  • H1B
  • Immigration
  • News
  • Visa
  • USCIS
  • Questions
  • Guides
  • Tools
  • Schengen
© 2025 VisaVerge Network. All Rights Reserved.
News

Legal Options for Asylum Cases Delayed by the USCIS Freeze

If your interview-complete asylum case stalled during a USCIS freeze, first contact USCIS and document everything. Seek help from your congressional office, file an expedite request for urgent harm, and consult the USCIS Ombudsman. If delays persist—often beyond two years—an experienced attorney may pursue a Writ of Mandamus to force a decision. Keep thorough records to support administrative and potential court actions.

Last updated: November 28, 2025 7:44 pm
SHARE
📄Key takeawaysVisaVerge.com
  • Start by contacting USCIS with your receipt number and A-number ready to request a status update.
  • Ask your U.S. congressional office to request a detailed status update from USCIS on stalled asylum cases.
  • Consider filing a Writ of Mandamus after two years of unreasonable delay when other steps fail.

When your asylum case was ready for decision before the USCIS freeze and then stalled, it can feel like your life has been put on hold with no end in sight. While the freeze affects adjudications and may cause what seems like indefinite delay, there is a clear set of steps you can take to push for movement. These steps range from simple case inquiries to filing a federal lawsuit called a Writ of Mandamus. The best approach is usually to start with the least aggressive options and move toward stronger legal action only if nothing changes.

First step: contact USCIS directly

Legal Options for Asylum Cases Delayed by the USCIS Freeze
Legal Options for Asylum Cases Delayed by the USCIS Freeze

Your first move should be to ask USCIS directly why your case has not been decided.

You can:

  • Call the USCIS Contact Center
  • Use online tools on the USCIS website
  • Send a written inquiry, if you have an address from past notices

When you reach out, have your receipt number, A-number, and interview date ready. Explain that your asylum case was already ready for decision before the freeze and ask for a clear update.

💡 HELPFUL

Start with USCIS inquiries (call, online tools, and written inquiries) and collect your receipt number, A-number, and interview date; document every contact to build a clear trail before escalating.

This step matters because judges and other officials usually want to see that you tried to solve the problem directly with the agency before seeking outside help.

Next: get help from your congressional representative or senator

If repeated contact with USCIS doesn’t move your case, the next step is to ask for help from your U.S. congressional representative or senator.

What congressional offices can do:

  • Request a detailed status update from USCIS
  • Ask whether your case can be decided despite the freeze
  • Request faster action when the delay is extreme

You will sign a privacy release form so they can speak to USCIS about your file. This service is free. While a congressional office can’t force USCIS to approve your case, their involvement often leads the agency to review a file that has been sitting untouched. VisaVerge.com reports that congressional inquiries can sometimes push long-pending cases toward a decision when routine calls and emails have failed.

Expedite requests and case inquiries

If your case is outside normal processing times, you may ask USCIS to move it faster through a formal expedite request or service inquiry.

Common grounds for an expedite include:

  • Urgent humanitarian reasons, such as danger to your safety or health
  • Other strong reasons showing serious harm from continued delay

You’ll usually need to explain in writing:

  • How long you’ve been waiting
  • That your case was ready for decision before the freeze
  • The harm you face if the delay continues

Attach supporting proof (for example, medical records or reports of danger to family members abroad). USCIS has broad discretion in deciding these requests, but submitting one is important to show later that you did everything possible on the agency side before going to court.

Involving the USCIS Ombudsman

If direct contact and an expedite request don’t solve the problem, you can ask the USCIS Ombudsman Office for help. The Ombudsman is independent of USCIS, though part of the federal government.

The Ombudsman can:

  • Ask USCIS for a clear explanation of the delay
  • Help fix cases that are stuck or mishandled
  • Improve communication between you and the agency

You generally submit a written request explaining your situation and prior attempts to fix the delay. While the Ombudsman cannot order USCIS to approve your asylum, their involvement can sometimes break a logjam, especially in cases that were interview-complete and ready for decision before the freeze.

When to consider a Writ of Mandamus

If your asylum case has been delayed for a very long time and none of the above steps work, you may consider filing a Writ of Mandamus in federal court. This is a lawsuit asking a judge to order USCIS to take action and issue a decision.

Key points from the source material:

  • A delay is often considered unreasonable if it has gone beyond two years
  • A Writ of Mandamus is a drastic remedy and usually a last resort
  • The aim is not to force an approval, but to force any decision

Some federal courts have allowed these lawsuits even when USCIS blames general backlogs or freezes. Judges have reasoned that extremely long waits deny applicants the basic right to have their cases decided at all. If a judge agrees, the court can order USCIS to issue a decision within a set time frame.

Important: A Writ of Mandamus seeks a court order compelling a decision — it does not guarantee a favorable outcome on the asylum claim itself.

Defensive asylum (immigration court) cases

If your asylum case is not with USCIS but instead in immigration court (a defensive asylum case), your options differ.

According to the source:

  • You can request continuances (delays) from the immigration judge
  • You can explain how USCIS freezes or related issues affect your situation

However, the immigration judge has full control over whether to grant more time or move the case forward. The court is not bound by USCIS’s internal policies, and the judge may decide your case should proceed on its own timeline.

Why legal representation matters

At every stage, legal representation can make a major difference. The source material stresses that an experienced immigration attorney is important to:

  • Review your full history and documents
  • Decide the best sequence of steps (USCIS inquiry, congressional help, Ombudsman, lawsuit)
  • Prepare a strong expedite request or Ombudsman submission
  • File and argue a Writ of Mandamus in federal court if needed

Mandamus cases are technical and move in a different system than regular immigration filings. Courts have strict rules and deadlines. A lawyer can explain the risks, likely timelines, and possible government responses before you commit to a lawsuit.

Building a strong record before going to court

If you might need a Writ of Mandamus later, it helps to build a clear record now. Steps that support your future case include:

  • Keep copies of every email, letter, or online inquiry to USCIS
  • Save records of phone calls, including dates and any reference numbers
  • Keep copies of all replies from USCIS, Congress, or the Ombudsman
  • Collect proof of harm from the delay, such as job loss, family separation, or health issues

When a judge looks at your lawsuit, this history shows that you tried all reasonable ways to fix the problem before turning to the court.

Living with the freeze while pushing for action

The current USCIS freeze on certain adjudications, including cases that were already interview-complete, has left many asylum seekers in limbo. Some refugees admitted between 2021 and 2025 also face re-interviews and related delays that slow down their ability to adjust status after an asylum grant.

While you can’t control agency-wide freezes, you can control how actively you press your own case through:

  1. USCIS inquiries
  2. Congressional help
  3. Ombudsman review
  4. Filing a Writ of Mandamus, when truly necessary

These steps preserve your rights and create the record needed if a court action becomes required.

📖Learn today
Writ of Mandamus
A federal lawsuit asking a judge to order USCIS to issue a decision; it compels action but not approval.
Expedite Request
A formal USCIS petition to speed processing based on urgent humanitarian or severe hardship reasons.
USCIS Ombudsman
An independent office that helps resolve stuck or mishandled cases and mediates communication with USCIS.
Receipt Number
A unique USCIS tracking code found on notices used to identify and inquire about your case.

📝This Article in a Nutshell

When an asylum case ready for decision stalled because of a USCIS freeze, begin with direct inquiries to USCIS, then seek congressional assistance. File an expedite request for urgent humanitarian harm and involve the USCIS Ombudsman if necessary. If delays exceed roughly two years and administrative routes fail, an immigration attorney may recommend a Writ of Mandamus in federal court to compel a decision. Maintain detailed records of all contacts and harms to support any legal action.

Share This Article
Facebook Pinterest Whatsapp Whatsapp Reddit Email Copy Link Print
What do you think?
Happy0
Sad0
Angry0
Embarrass0
Surprise0
Oliver Mercer
ByOliver Mercer
Chief Editor
Follow:
As the Chief Editor at VisaVerge.com, Oliver Mercer is instrumental in steering the website's focus on immigration, visa, and travel news. His role encompasses curating and editing content, guiding a team of writers, and ensuring factual accuracy and relevance in every article. Under Oliver's leadership, VisaVerge.com has become a go-to source for clear, comprehensive, and up-to-date information, helping readers navigate the complexities of global immigration and travel with confidence and ease.
Subscribe
Login
Notify of
guest

guest

0 Comments
Inline Feedbacks
View all comments
US Reexamines Green Cards for 19 Countries Amid Crackdown
Immigration

US Reexamines Green Cards for 19 Countries Amid Crackdown

H1B Visa Program Updates: 2025 Rule Changes Explained
H1B

H1B Visa Program Updates: 2025 Rule Changes Explained

DV-2027 Green Card Lottery: A Complete Step-by-Step Application Guide
Documentation

DV-2027 Green Card Lottery: A Complete Step-by-Step Application Guide

Guide to Reaching Air Canada Customer Service with Ease
Airlines

Guide to Reaching Air Canada Customer Service with Ease

Trump ends Somali TPS in Minnesota, but nationwide fallout grows
News

Trump ends Somali TPS in Minnesota, but nationwide fallout grows

January 2026 Visa Bulletin Predictions, Analysis and Understanding
USCIS

January 2026 Visa Bulletin Predictions, Analysis and Understanding

IRS 2025 vs 2024 Tax Brackets: Detailed Comparison and Changes
News

IRS 2025 vs 2024 Tax Brackets: Detailed Comparison and Changes

Wisconsin State Income Tax Rates and Brackets for 2025
Taxes

Wisconsin State Income Tax Rates and Brackets for 2025

You Might Also Like

Applying for an Australian Student Visa After Graduation: Subsequent Student Visa Options
Australia Immigration

Applying for an Australian Student Visa After Graduation: Subsequent Student Visa Options

By Shashank Singh
Impact of Student Visa Crackdown on Australia-India Relations
Australia Immigration

Impact of Student Visa Crackdown on Australia-India Relations

By Shashank Singh
Germany’s Opportunity Card Could Shift US Tech Dominance
Green Card

Germany’s Opportunity Card Could Shift US Tech Dominance

By Sai Sankar
ATC Orders Spirit Pilot Off iPad and Away From Air Force One
Airlines

ATC Orders Spirit Pilot Off iPad and Away From Air Force One

By Visa Verge
Show More
Official VisaVerge Logo Official VisaVerge Logo
Facebook Twitter Youtube Rss Instagram Android

About US


At VisaVerge, we understand that the journey of immigration and travel is more than just a process; it’s a deeply personal experience that shapes futures and fulfills dreams. Our mission is to demystify the intricacies of immigration laws, visa procedures, and travel information, making them accessible and understandable for everyone.

Trending
  • Canada
  • F1Visa
  • Guides
  • Legal
  • NRI
  • Questions
  • Situations
  • USCIS
Useful Links
  • History
  • Holidays 2025
  • LinkInBio
  • My Feed
  • My Saves
  • My Interests
  • Resources Hub
  • Contact USCIS
web-app-manifest-512x512 web-app-manifest-512x512

2025 © VisaVerge. All Rights Reserved.

  • About US
  • Community Guidelines
  • Contact US
  • Cookie Policy
  • Disclaimer
  • Ethics Statement
  • Privacy Policy
  • Terms and Conditions
wpDiscuz
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?