Pro Se Litigant Seeks Advice on Serving USCIS Summons After 2-Year I-485 Wait

A USCIS applicant who filed an I-485 adjustment of status and I-130 petition in June 2023 has resorted to federal litigation after nearly two years without an interview or meaningful case update. The individual reports completing four congressional inquiries and multiple service requests, all resulting in requests to continue waiting. The applicant notes they are from a country whose applications were reportedly placed on a processing pause, but argues the extended delay is still unreasonable. Filing pro se (without an attorney), they have initiated legal proceedings against USCIS to compel adjudication. A procedural challenge has emerged in serving the summons: the applicant addressed certified mail to USCIS's Maryland Office of General Counsel, but USPS rerouted the package to the Washington, D.C. office. Additionally, the Boston field office reportedly declined to accept service. For EB-3 applicants in similar situations, this case highlights the option of filing a mandamus lawsuit in federal district court to compel agency action when processing delays become unreasonable. Proper service on federal agencies typically requires serving both the agency's Office of General Counsel and the U.S. Attorney's office in the relevant district, per Federal Rule of Civil Procedure 4(i). Applicants experiencing extreme delays may wish to consult an immigration attorney before filing pro se, as procedural missteps in federal court can jeopardize the case.