When you log into the USCIS portal to check your case and you see the message “Case is actively being reviewed by USCIS”, it is normal to feel both hope and anxiety. Many think that means approval is almost here, but the reality is a bit more complex. In this blog we explain to you:

• What that notification really means.
• How long can this stage last.
• The reasons why your case could be stalled.
• What to do if the wait becomes too long.

What does “Active Review” mean?

When USCIS marks your case as “Active Review”, it means that an immigration officer has opened your file. However, this it doesn't mean that your case is being evaluated from start to finish at that moment. In many cases, the system automatically changes the status as soon as an officer has access to the file, even if they later put it on hold. In other words: your case is in the hands of USCIS, but does not guarantee immediate movement nor ensure an upcoming decision. This can generate frustration because it seems like there is progress when in reality there is not. But it is important to understand this in order not to have false expectations.

How long can this stage last?

The duration of this stage depends on several factors:

• The type of requestAn asylum case, which can take years, is not the same as a family-based adjustment of status, which is usually resolved faster.
• The local officeSome offices have more delays than others.
• The workloadUSCIS handles millions of applications a year, and that affects speed.

Therefore, two people with similar cases can have very different wait times. Some cases move forward in weeks, others can take months, and some remain in “Active Review” for more than a year. The status it does not give clear information on when you will receive a decision. It is just an intermediate stage.

Why can it take so long if it is already under review?

There are several legitimate reasons why your case may remain in “Active Review” for a long time:

• Staff shortage at USCISIn recent years, the agency has had fewer officers to handle the high volume of cases. This has caused a backlog of files.
• Additional security checksSome cases require deeper reviews, especially if there are international travels, a complex immigration history, or names similar to individuals with a criminal record.
• Administrative waiting timesSometimes the file must be reviewed by a supervisor or transferred to another office, which causes further delays.
• External factorsEven changes in immigration policies or a lack of resources can cause your case to stall.

It is important to remember that these delays are not always related to something bad in your case. Many times it is simply an administrative problem.

What happens if you receive an RFE after months of “Active Review”?

One Request for Evidence (RFE) it is a request that USCIS sends when it needs more information or documents in order to make a decision. This can happen even after your case has been months or years in “Active Review”. Some reasons why USCIS sends an RFE:

• Supporting documents are missing.
• They want to verify details of the presented evidence.
• There was a change in the law or form requirements.

Although receiving an RFE can cause nervousness, It is not always something negative. On the contrary: it means an officer is actually working on your case and that, if you respond appropriately, you would be one step closer to approval.

What can you do if your case is taking too long?

If your case seems stalled, you are not out of options. Here are concrete steps:

1. Check processing timesEnter uscis.gov and check the average processing time for your type of application and office. Often, even if you feel like your case is stalled, it is actually within the “normal” range.
2. Request an updateCan you send a service request USCIS to request information about your case.
3. Contact the Ombudsman: This office can step in to help resolve cases that have been dragging on for too long.
4. Consult with a lawyer about a writ of mandamus: This is a lawsuit against the government to compel USCIS to make a decision. It does not mean they will deny your case; it simply compels them to take action.

Check to see if your case is in “Active Review” It can be confusing. Although it brings hope, it can also cause anxiety because It doesn't necessarily mean that an answer is close at hand. The key is to stay informed, keep a close eye on processing times, and have legal counsel to guide you if the wait becomes excessive. 

If your case has been in "Active Review" for too long, at Eagan Immigration We can help you evaluate your legal options for moving forward. Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan. 

Disclaimer: This article is for educational purposes only and is not a substitute for personalized legal advice. Every case is different.