Legal Question in Immigration Law in New York

Re: USCIS failed to respond to the immigrant change of status application

It's not clear what you mean by "USCIS failed to grant her a particular immigration status." If you mean a denial, and the alien is then out of status, he/she may not be eligible to extend/change status. If you mean lack of response, so long as that petition was filed timely, the beneficiary may be able to change status or substitute employer. Look up the processing times for your type of petition/application at www.uscis.gov to see if your case is taking too long and then follow up by phone or email (depending on where your petitioner filed and whether premium processing was utilized). You can also schedule an Infopass appointment for certain types of petitions at your local USCIS office. Lastly, if you have the filing receipt, use it to look up the status of your case on the USCIS website to make sure it is still being processed. If you plan to file anything, contact an immigration attorney for advice.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.