Sixth Circuit says U visa applicant can sue over processing delays
September 21, 2021
On Monday, a three-judge panel in the Sixth Circuit Court of Appeals claims that USCIS unreasonably delayed in placing four applicants for U visas on a waiting list and attaining deferred-action status that would protect them from deportation. The Court rejected the agency’s argument that its delays were due to a backlog of roughly 160,000 applications for U visas, which are granted to victims of serious crimes, and were in line with the current five-year average waiting period. The court also was faced with a separate claim that USCIS failed to timely issue work authorization permits. However, since USCIS issues work authorization permits to applicants at its discretion and are not required to do so, courts cannot force the agency to issue them more quickly.
Specific content can be found here:
https://www.reuters.com/legal/litigation/u-visa-applicants-can-sue-over-processing-delays-6th-circuit-2021-09-13/