How Long Do Immigration Cases Really Take in 2026?

 Posted on January 30, 2026 in Immigration

As of 2026, immigration backlogs remain a major issue nationwide, affecting visas, green cards, asylum cases, and immigration court proceedings. By mid-2025, U.S. Citizenship and Immigration Services reported a backlog of about 11.3 million pending immigration applications, the highest level on record.

These cases often take longer than people expect. Many families begin the process hoping for quick answers, only to face long periods of waiting. Delays are now common across almost every type of immigration filing. This means many people wait months or even years for decisions that directly affect their families and futures. If you have questions about your case, an Itasca, IL immigration lawyer can help you understand these delays and plan realistically from the start.

How Long Do Family-Based Immigration Cases Take?

Family-based immigration cases are among the most common, but they are not always quick. Immediate relatives of U.S. citizens often have shorter waits, but processing delays still occur.

Timelines can be affected by visa availability, processing center workload, and whether the applicant is inside or outside the United States. In addition, recent visa pauses and temporary processing slowdowns have caused some family-based cases to remain on hold longer than expected. Missing documents or filing errors can also add months to the process.

How Long Do Employment-Based Immigration Cases Take?

Employment-based cases usually involve several steps. These can include labor certification, employer petitions, and adjustment of status or consular processing.

Each step must be approved before the next one can begin. Delays at any stage can significantly extend the overall timeline. Some employment categories also face annual visa limits, which can cause waiting even after approval.

Why Do Immigration Court Cases Take So Long?

Immigration court cases often take the longest to resolve. Many courts face heavy backlogs, meaning hearings may be scheduled far into the future.

Under 8 U.S.C. § 1229a, immigration judges handle removal proceedings and related matters. These cases often involve multiple hearings, evidence submissions, and legal arguments. Continuances, scheduling issues, and government delays can all extend how long a case remains open.

What Causes Delays in U.S. Immigration Processing?

Some delays are outside an applicant’s control, while others can be avoided with careful preparation.

Common causes of delay include:

• Requests for additional evidence from the government

• Background checks or security reviews

• Errors or missing information in the original application

Even small mistakes can cause significant delays when agencies are already overwhelmed.

Do Immigration Laws Affect How Long a Case Takes?

Federal immigration laws set requirements that directly affect processing times.

For example, 8 U.S.C. § 1154 governs immigrant visa petitions, including family-based and employment-based filings. These petitions must be approved before many cases can move forward. In removal cases, 8 U.S.C. § 1227 outlines grounds of deportability, which can increase the complexity and length of a case.

Legal requirements combined with agency workload often explain why cases take longer than expected.

Can You Speed Up a U.S. Immigration Case?

There is no guaranteed way to speed up an immigration case. However, proper preparation can help avoid unnecessary delays.

Submitting complete and accurate forms, responding quickly to government requests, and understanding which applications apply to your situation can make a difference. In limited situations, expedited processing may be available, but it is granted only under specific circumstances. Working with an attorney can help ensure filings are accurate, deadlines are met, and avoidable delays are reduced.

When Should You Talk to an Immigration Lawyer About Delays?

If your case has been pending much longer than expected, it may be time to seek legal guidance. Long delays can signal missing documents, processing errors, or issues that require attention.

Speaking with a lawyer early can also help you plan around realistic timelines, especially when family unity, employment, or travel are impacted.

Contact Our DuPage County, IL Immigration Attorney Today

Immigration timelines can be confusing and stressful. We can help you understand how long your case may take and what steps can help keep it moving. At Unzueta Law Group, P.C., you will work with a local family firm with over 20 years of experience in immigration law. We focus on clear guidance, careful preparation, and personal attention throughout the process.

Call 630-509-2363 to speak with an Itasca, IL immigration lawyer about your case. Se habla Español.