In Episode 12 of the ImmiGreat Podcast, Richard Wilner addresses a major issue affecting immigration applicants across the United States in 2026: widespread USCIS processing delays tied to expanded security vetting and fingerprint resubmission requirements.
Richard explains what changed, why immigration lawyers nationwide are reporting increased delays, and what legal options may exist for applicants stuck in prolonged processing backlogs.
What Happened on April 27, 2026?
According to reports discussed in the episode, immigration attorneys across the country began receiving indications that USCIS had implemented a new security-related vetting process impacting pending immigration applications.
The reported change appears connected to expanded information-sharing between the FBI and USCIS, including broader access to federal criminal history databases.
While fingerprint checks have always been part of immigration processing, the updated process reportedly requires many pending applications to undergo renewed fingerprint review and additional vetting.
This change is now affecting multiple types of immigration applications nationwide.
Which Immigration Applications Are Being Delayed?
The reported delays appear to affect nearly all major immigration benefit categories, including:
- Naturalization applications (N-400)
- Adjustment of status applications (green cards)
- Asylum applications
- Employment-based immigration applications
- Family-based immigration applications
- Other pending USCIS benefit requests
One reported exception involves already-approved naturalization cases awaiting oath ceremonies, which may not require additional fingerprinting under the current policy.
Why Are USCIS Delays Increasing?
The delays appear to be tied to expanded federal vetting procedures resulting from broader FBI database access for immigration agencies.
According to the episode, the changes stem from federal directives requiring criminal justice agencies to share criminal history information with the Department of Homeland Security “to the fullest extent the law allows” .
USCIS has reportedly confirmed that:
- Additional checks are now occurring
- Processing remains ongoing
- Delays are expected to be temporary
However, as Richard explains, “brief” delays in government terms are often very different from timelines in the private sector.
What Does This Mean for Applicants Without Criminal Records?
One of the most important points in this episode is that delays are not necessarily tied to wrongdoing.
Many applicants experiencing delays:
- Have no criminal history
- Have clean immigration records
- Have properly filed applications
- Were already within normal processing timelines before the changes
In other words, delays may simply result from expanded procedural review rather than concerns about a particular applicant.
At the same time, applicants should not assume delays will resolve quickly.
What Is a Reasonable Processing Time?
Immigration law does not allow the government to delay cases indefinitely.
As Richard explains, the Administrative Procedure Act (APA) generally requires immigration benefit applications to be adjudicated within a “reasonable” period of time.
The challenge is that “reasonable” depends on:
- The type of case
- The processing office
- Current processing trends
- The complexity of the application
- Security review requirements
For example:
- Los Angeles processing times may differ from other cities
- Asylum timelines differ from naturalization timelines
- Employment-based cases differ from family-based cases
This is why delay analysis must be individualized.
What Is a Writ of Mandamus?
One of the key topics in Episode 12 is the writ of mandamus.
A writ of mandamus is a federal lawsuit filed in U.S. District Court asking a judge to compel the government to take action on a delayed immigration case.
Importantly:
- A mandamus lawsuit does not ask the court to approve the application
- It asks the court to force USCIS or another agency to make a decision
This legal tool may apply when:
- Delays become unreasonable
- Cases remain pending far beyond normal processing times
- The government fails to act
As Richard explains:
“Federal courts have the authority to intervene.”
Does Filing a Mandamus Lawsuit Work?
In many cases, yes.
Mandamus lawsuits often result in:
- Interviews being scheduled
- Decisions being issued
- Cases are moving after years of stagnation
However, Richard also makes clear that modern mandamus litigation is more contested than in prior years.
The government increasingly pushes back against these lawsuits, meaning applicants must be prepared for actual federal litigation, not simply filing paperwork.
Why Strategy Matters Before Filing Mandamus
A writ of mandamus is not appropriate for every delay.
Before filing, applicants should evaluate:
- Current USCIS processing times
- Case complexity
- Security review status
- Length of delay
- Agency conduct
- Potential litigation risk
This requires careful legal analysis.
Rushing into federal court without a strategy can create unnecessary complications.
Key Takeaways
USCIS delays are increasing nationwide due to expanded security vetting and fingerprint review procedures.
Key points from Episode 12:
- Many pending applications now face additional FBI-related vetting
- Delays affect naturalization, asylum, adjustment, and other applications
- Delays do not necessarily mean denial
- The government still has a legal obligation to act within a reasonable time
- A writ of mandamus may help move stalled cases forward
- Federal litigation requires preparation and experienced counsel
Watch or Listen
Watch the full Episode 12 here:
https://youtu.be/DYb1oBu1lFM
Listen to the podcast:
https://www.buzzsprout.com/2571796/episodes/19174192
Need Help With a Delayed Immigration Case?
If your immigration application has been pending far beyond normal processing times, you may have legal options available.
Wilner & O’Reilly regularly assists clients with:
- USCIS delays
- Naturalization delays
- Adjustment of status delays
- Asylum interview delays
- Writ of mandamus litigation
- Federal immigration lawsuits
Contact Wilner & O’Reilly:
https://www.wilneroreilly.com/contact/
Read more immigration updates:
https://www.wilneroreilly.com/blog
About the ImmiGreat Podcast
The ImmiGreat Podcast, hosted by Richard Wilner, provides practical, real-world insight into complex immigration topics affecting individuals, families, and employers. Each episode is designed to help listeners better understand their options and next steps.
Episode 12 focuses on one of the most important immigration realities in 2026: government delays, expanded vetting, and what applicants can do when their cases stop moving.
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