Processing times questions
Can I find out how long USCIS takes for my type of case?
It is impossible to predict reliably. USCIS does release processing times. These times are "backward-looking" though. People whose file right now may see very different processing times.
The processing time on my receipt notice is very different from the times available on the USCIS Web site. Which should I trust?
Trust the times from USCIS Web site. The times on the receipt notice are little more reliable than random numbers. There are several reasons for this. First, these numbers are stored somewhere in USCIS' computer system and don't get updated all that often. Second, the processing time for a certain form can sometimes vary greatly with a number of factors. However, the receipt notice will only have room for one number.
Examples for this second factor are H-1B petitions (that can be accelerated or halted by factors such as premium processing and the quota) and I-130. Family-based I-130 petitions are used for immediate relatives as well as for quota-based family categories. USCIS will assign a very low priority to quota-based cases because the quota means that a long processing time does not further hurt the applicant, but process immediate relatives with high priority because an immediate relative would be eligible to immigrate immediately.
I filed an I-130 for my immediate relative (spouse, minor child or parent of a US citizen) by itself. It is taking a very long time. Will it be faster to file it together with an I-485?
Possibly. At the very least, the relatives would benefit from having an I-485 already filed while they are waiting. Do be aware that taking such a step may have other drawbacks. In particular, the original priority date may be lost for many purposes. This can be particularly important in the case of minor children that are at risk of aging out.
I filed (or will file) an I-485 for my minor child. My child is about to turn 18 or 21 before the I-485 is likely to be approved. What can I do?
This situation is known as "Aging Out". Thankfully, a recent change to the law - the Child Status Protection Act - reduced this problem substantially. Unfortunately, the new rules are very complex.
You should discuss the situation with a lawyer. Also, contact USCIS about six months before the birthday and request expedited processing. Finally, you can ask your local Congressperson for assistance.
The general idea of the Child Status Protection Act is that you can subtract the time that INS/USCIS took to process your petition from the child's age. For instance, if you filed an I-130 in the Family 2A category for a minor child of a Green Card Holder, then look at how long it took for the I-130 to be approved. Let's say that USCIS took three years and four months. In that case, your child would be considered to be "under 21" for I-485 purposes until four months after his 24th birthday.
This web site is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. I made an attempt to provide somewhat accurate information as of the time of this writing, but the situation may well have changed by the time you read this. I am not a lawyer. I have no legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust. Keep in mind that there are no guarantees in immigration law. Most decisions are discretionary in nature, and even a competent immigration lawyer cannot guarantee success.
If you have further questions, please consider posting them in the newsgroup alt.visa.us, where there are a number of helpful individuals. I discourage emailing me directly. If you still want to email me your question, please send them through the Contact page. Don't expect an immediate answer, and I reserve the right to ignore your mail completely, too!
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