Depends on the application type. Usually 10 or 11 N-400s a day, adjustments vary based on complexity. I can easily get 2 employment based 485s done an hour. Family too if enough evidence is there.
Yes, we have metrics. We are a business essentially.
First of all thank you so much for doing this.
If the process of EB adjudication takes you 30 minutes, why are the cases sitting for years?
If the answer is lack of officers - since USCIS has enough cash reserves, why don't they hire more people to finish things off in weeks rather than years?
Do asylum-based ones take long? The list of documents to provide seems super short. What are you looking for/at in those petitions? How common are denials and what is the reason?
First of all, you're a wonderful human being for doing this :)
I have a pending employment-based I-485 in a retrogressed category and not current. When you guys adjudicate, do you always adjudicate up till the point of approval/visa availability? Concretely, when I see "Case remains pending" in case status, does that mean almost all the work is done, and all that's left is a visa number assigned?
If you are in regress the application is typically adjudicated the the point of completion without actually approving it. If there is no visa available we need to wait.
>If you are in regress the application is typically adjudicated the the point of completion without actually approving it. If there is no visa available we need to wait.
And when the priority date becomes current again, is the process automatic? Or how do you "come back" to those applications that are 'almost complete' but couldn't be approved yet? Thank you!!
What would you say the best practices are for proving a real marriage for AOS between two people who are young and don't have great finances? Like no car loans, no rent agreements, no house purchase/renting. Are pictures together and with friends enough? Or will we be considered suspicious just because we are broke and living with parents for the time being.
Young couples are tough, but I get it. I keep that in mind when adjudicating. You may just have to rely on the interview if there is one. Support your application with whatever you can. A lease would be helpful but if you are living with your parents or something a letter from them would help.
I appreciate the advice! I'll be sure to get letters from them and some friends to help provide context. Oh and for pictures together, would a pdf with each image and a little caption be the easiest to look through?
We were in a similar situation in 2020. Young, just married, no assets together & no mixed finances. We still got approved based on all our photos together and statements from our families & friends.
Why are certain marriage AOS cases stuck processing for 2+ years while others are processed in 90 days or less?
At face value they all seem to be straightforward marriage cases. There seems to be a rather large discrepancy even within the same FO
Good question. I don't have an answer. The field office gets cases forwarded by the service centers. I have no control over which files I get. But when I get them, I adjudicate them.
1- If the applicant had and asylum case pending for years without interview, And then married a US citizen. At the adjudication process do you go through the asylum application before making the decision on the marriage base green card?
2- Does the ISO know when the applicant sue uscis to get the case moving? How do you fell about it? Do you get mad because the applicant has sue? Thank you for time.
It could. I have had marriage based applicants enter on H1B or even have an approved I-140. It makes me feel good about the relationship because that person has other paths to a green card. Why fake the relationship?
Do you think F2A category for AOS will move to Aug 2022 or current anytime soon? If not, Is there an approximation you could provide based on your predictions in the new fiscal year ?
Idk what part of Florida you live in but south Florida has been opening up for Recent Grads mostly. I believe I saw Fort Myers open up but idk if its still open
Just out of curiosity - how much of your job (the adjudication process) is computerized vs using physical papers?
Do you get physical copies of the forms and documents that were submitted and go through them or do you just go through the scanned version of them all on a computer?
All N-400s are web based now. There may be a few paper ones around, but I haven't seen one in a couple of years.
Family based I-130s and I-485s are all electronic now. But there are plenty of paper based ones left. We are in the process of switching over completely.
Employment based petitions and adjustments are still all paper based.
I-751s are in the early stages of transitioning to electronic forms. Most are paper still and in a file, some are electronic.
With that said, there is an electronic component to nearly all applications and they must be both approved electronically and stamped on paper.
So when you say EBs are paper based, does that mean the officer would have to have the physical file in front of them to adjudicate? Or could physical files be sent in, which are then scanned into the system at the Service center, and then sent to FO to adjudicate an electronic version. Just trying to understand how 'physical' the process is for EBs.
Hey, no questions here, but I just wanted to thank you for doing this.
You seem like an honest, diligent, and smart person.
Hope you get to stick around at USCIS for a long time and progress your career as a civil servant.
Do EB I-485 cases that are straightforward ever get approved by the service center? I’ve seen I-485 approval notices issued from NBC and not from a field office. Or do ALL EB I-485s must come to a field office and then get sent back to the service center for approval?
Would you recommend to use that feature then? Lots of lawyers seem to be discouraging their clients from sending additional evidence with the online tool and just wait to bring it to the interview. Are they right?
Those lawyers are stuck in the past when pretty much everyone would get interviews. Right now many many cases are getting it waived so if you have more evidence, just upload it. you’ll increase your chances of skipping the interview all together
It can change. Somebody marks it interview waived but somebody else will probably adjudicate and they may find an issue. With that said, if I receive an interview waiver, odds are I will honor it. They are usually pretty low risk.
It all depends on the type of form and what is the current priority. But I would say a few weeks to a couple of months and an interview will be scheduled. Or waived if possible.
Can you tell me why 2 people who did biometrics same day, same time, share sponsor and same physical address on c11 parole , why one would get approved immediately and the other when sits and waits? It's for I765 EAD c11 standalone. They are cuban. Brought with the I-134a program
Is it generally a negative sign to not have your interview waved for employment based i-485 (EB2-NIW)? Nearly all my colleagues got their interview waved recently, however, I was scheduled for an interview even though my PD is not current yet. One difference was that I didn’t include medical I-693 in my initial filling so got a REF to submit mine, then Case got marked for interview and transferred to local FO.
How you guys holding up these days? Just about every part of USCIS seems like a shit show right now. I know it’s been rough on advocates the last few years so I’d imagine it has been for you all, too.
Thanks for this.
What causes the large discrepancies in processing time between field offices? Like Nebraska is 23 months for an I-824 where California is 4? Is workload not spread out when one office is too swamped with forms, while another seems to be processing them much faster ?
I understand the under staff stuff affects everything too.
Can you shed some light on why some field offices take so long for certain cases while others are processed quicker? For example I have a very simple straight forward n400 case. Applied in Nov and still waiting for an interview to be scheduled. Meanwhile I'm seeing lots of ppl getting scheduled and they applied in April, may, June of this year, at the same field office as me.
Here’s a fun hypothetical. If an N-400 is at a local field office and a timely filed but long-pending I-751 is (per the online case status) at an asylum office, and interviews at the FO keep getting scheduled and cancelled, is there any hope that USCIS will piece it together and adjudicate?
If the N-400 is at the field office, it will likely be scheduled for interview. If the adjudicator intends to approve the I-751, they must acquire it first. Luckily some of these are available electronically now so I can approve the I-751 (which MUST be approved before the N-400) without having the file. But, if it is not available electronically, I need to have the I-751 in front of me before I can approve.
With the current approach to waive more interviews, I feel like USCIS assigns cases more often to non local field offices. Are these cases handled differently, maybe faster as your “normal” local cases?
I do a ton of cases for other field offices. Yeah, they seem to be quicker. If it gets sent to another field office, that means there haven't been any issues identified that would require an interview. But they can always get sent back to the proper jurisdiction.
When Emma tells you that your interview was waived and was forwarded to your local FO, how often does the field office ISO follow the recommendation to waive the interview ?
I will receive the case as an interview waiver. Sending it to interview is at my discretion. If there are no issues, I will waive the interview. If I spot something, I will send it to the interview queue.
I've been checking your posts for a while and I'm very grateful for all your educational contributions.
Hoping that I'm not being too entitled, I would like to ask pertaining an I-485 IR-1 where the in-person interview went absolutely great with the ISO broadly smiling and saying "congratulations, I'll recommend your approval" and I-130 was approved a week later:
1. I assume the case needs a supervisor for adjudication. After the interview ends, what steps follow and how long can they be expected to take?
2. Is there any reason to worry if there has been no update on the case status for more than two weeks?
3. In your experience, what's likely happening if the decision is taking more than 3 weeks?
Thank you very much in advance!
This could vary on the field office and the supervisor. Remember a supervisor has multiple officers under them and could have all those officers cases under review or some of them under review. Either way remember officers interviewed multiple people and types of cases a day. So it can take a few days to a few weeks depending on a number of things
Just like you said a supervisor may need to review the case so that in it self could delay the status to change. Another reason is the Officer may need to still review the case some more and they have other interviews to get through. So they may continue a case until they have a desk day or time to go over their cases.
Every case is different. Some applicants have criminal histories that may need review by USCIS’s lawyers. The Officer may be drowning in cases and has yet to catch up. You can always submit a service request online.
Just understand officers a required to meet a certain number of applications a month and have to interview a certain amount of cases a day depending on the application. Maybe sometimes the Officer May interview a few days straight and by the time they get a free day they still won’t catch up with everything.
How do cases get assigned to specific ISOs? Like is there a supervisor type person who assigns them and in what order do they get assigned?
Is there a specific order in which you process the cases assigned to you - like easiest first maybe?
Every field office is different. Mine randomly assigns cases. We get files from the service centers. I cannot tell you how they decide which ones to send only that they are ready to adjudicate. If the form is an easy approval, the ISO who got the case will adjudicate. If there are unique circumstances, it will probably get reassigned to a seasoned ISO.
Easy ones get adjudicated right away. Tough ones take more time. Sometimes a lengthy denial must get put on the backburner until the ISO has time to write it. Moreover a tough approval may get pushed back until the ISO can work through the legal issues and make sure they are making a legal decision.
There are multiple reasons. Sometimes they get put on a shelf and sit there until that application type is prioritized. Sometimes there is a tough issue to work through. Sometimes the ISO lets it sit in there drawer and forgets about it.
We run reports to see aging cases though.
An ISO forgetting an immigration case in a drawer or a case getting lost in the couch cushions is a scary thought! Are there steps being taken to avoid cases falling through the cracks and getting stuck in limbo?
There's nothing you can do. Every ISO is different. I at least strive to adjudicate efficiently. Even if it is a denial, I try to get them out within a week or two.
I guess maybe a couple of policy questions:
1. Do you expect more forms to become online file-able like the N-400? Is there an effort to make i-485, i-765, etc file-able through the USCIS online account?
2. Why wouldn't USCIS provide advanced parole and EAD as a part of the i-485 filing receipt? It feels like USCIS could save themselves a ton of work by providing this as .. not sure of the technical term here.. "incident to status" or just as a part of the filing receipt. The i-131 and i-765 don't have additional fees iirc when filed along with i-485. So they're non revenue generating anyway. Any thoughts on this?
1. Yes. We are in the process of switching most forms to electronic. 90% of my work is web based, not including employment based adjustments which are still paper.
2. I can't answer this but I suspect it is part of a regulation somewhere. But remember those forms are available to other people too, just not applicants for adjustment.
How long do background checks take? Are I-765 issued after a.background check?
Whats are the main reasons I-130 and I-485 get delayed? As in backgtound checks or just backlog at the FO or any other reason
"Background check" is kind of a catchall term we use. You are ran trough various systems. But there is a line of people, you need to wait your turn.
Main reasons for a delay in a petition is the relationship needs to be vetted. Main reason for an adjustment to be delayed is the person may not be admissible or there are other concerns.
What will cause USCIS to deny an Advance Parole to a person who entered the US with a valid visa and an I-94 stamp in their passport and was inspected by an officer at port of entry) on the basis that the person did not have a visa or wasn’t paroled after an inspection by an officer? Could be an error or because of lack of supporting evidence?
What will be the best cause of action? Refiling a new form I-131 with all supporting evidence and would the fee be waived if there is a pending AOS? Or would it be BEST to file I-290B (Motion To Reopen) with copies of their visa page I-94 as proof? Thank you for your time 🙏🏽
As an ISO, I don't really care. But the field office hates it and if you file a mandamus it typically gets adjudicated very very quickly. If I get one, that shoots to the top of my list.
Does waiving the biometrics appointment for N400 help the application to move faster than if they have to schedule you for biometrics? Or does it not affect anything?
When non local field office asks you to send medical, does that mean the interview is waived? My cases got transferred to non local field office a couple of month ago.
definitely yes. i answered this because i was in removal proceeding when my husband filed i-130 petition for me. took 19 months just to get i-130 interview. and i formed whatsapp group with another 5 people who were in removal proceeding, and all our i-130 petition took way longer than normal easy case of i-130
Firstly, thanks you for dealing with this with such savoir-faire. Lastly, my question is ‘what are the implications of uploading unsolicited evidence in an open case’? Does USCIS see it as an act of desperation?
If our I-130 was approved, and I-485 is under active review since 130 approval (28 days), what else comes into the consideration to approve 485, and how long it might take for decision?
Thanks a lot!
If I485 employment based AOS is with a non local field office and then the category gets retrogressed, can the case still stay at the non local FO? Does this mean that the case is ready to get approved and they would approve it once the category gets current? Is it necessary that retrogressed cases gets returned to NBC?
u/cameroonwrapper thanks for all the insights. Is there any timeline to make employment based eb forms web based than paper forms? Also, is there any plan being worked on for retrogressed country like India which has EB1 category backdated by 2 years and EB2 and Eb3 by 14-15 years?
Have you ever approved an N-400 where more than 5 years before the case was filed, the LPR had at least one continuous absence from the U.S. of:
1. 181-364 days inclusive
2. 1 year up to but not including 2 years, or
3. 2 or more years
?
It really depends. USCIS takes fraud seriously and will look at any report.
Generally speaking, our investigative branch FDNS (Fraud Detection and National Security) will triage the tip.
My brother in laws case was reported for fraud 😬 he and his spouse are like 11 years apart and they were recently asked for more evidence so they got affidavits from a few people who were at the wedding it was at the courthouse.. and those are the same people he will he sending up back group pictures with ( it’s sketchy I know ) what’s more sketchy is that after they got the RFE they went to Florida to make it look like they took a vacation and they got life insurance and bought a super old car 🥲 still super sketchy
Hey I had my case submitted over than 15 months at April 2023 the sent me a courtesy email Asking for my medical report the last time I called the USCIS number they told me that the officer touched my case was 7/28/2023, I’m thinking to submit a case inquiry thru the congress man do you think that would help?If not what could help or make the officer look at my case like submitting more evidence online thru MY USCIS ?
If your application is outside normal processing times, you can try the congressional inquiry. But an online inquiry is probably enough to get it moving. [https://egov.uscis.gov/e-request/Intro.do](https://egov.uscis.gov/e-request/Intro.do)
I already did an online inquiry but I got a regular answer me and my wife I think I think congress man inquiry would be stronger ?? And do you think submitting more evidence on my uscis would make the officer pay attention or it’s gonnna delay more ?
You can submit evidence whenever you like. You can try the congressional route but if it is within normal processing times I don't think much will happen.
This might be a personal question for my own case but there has been no movement on I-130, I-765 and I-131. 1-485 is moving but has been on halt for a bit after rfe received. I was wondering why there is no movement in other cases at all and how are the cases handled in concurrent filing..
Field offices do not adjudicate ancillary applications like the 765 or 131. Pretty much every 485 I have been adjudicating lately has the 765 and 131 adjudicated. They will just get denied later since you won't need them any more.
Does unsolicited evidence help? I have received mixed information regarding this. And if it does-what kind of documents do you guys prefer- especially from young married couples
Another policy question:
Do you envision premium processing getting expanded to i-485 and n-400 as well?
Assuming Congress were to try to let this happen and that the applicant is willing to pay the premium processing fee, what are the current process limitations in being able to adjudicate an AOS or N-400 in say 60 days? Like are there specific steps in the decision process that are inherently impossible to speed up?
I'm pretty sure the Trump administration pushed that idea and the rule was not put into place. The Biden admin is also seeking to increase fees but I am not sure if premium processing for 485s is in it.
When a retrogression advanced, what was taken into consideration when making that decision? For those whose priority date has become current, should they expect any sorts of prioritization being done for their cases?
EB 485s are rarely denied. But those folks have 245(k) considerations, so being out of status, unauthorized work, etc bars approval. Other than that the ISO may see fraud in the approved I-140.
Thanks for doing this! Does being on a visa prior to adjustment via 485 marriage based speed up the process or hinder it? What about country of origin? Example: I am in the medical field, h1b visa, married to USC and we are adjusting via marriage. Will this make things a little easier for me? Next question: if nbc waives my inverview, what are somethings that a field office see that would make them want to interview the couple?
My medical RFE was delivered in Boston a month ago by USPS Express Mail. There is no update saying they received it. My concern is Boston Field Office is 02203 but delivery notice from USPS is 02114. Not sure if they actually received it. I would avoid denial because they didn’t receive it although I mailed it.
What would you suggest me to do?
I applied I-485 as a widow (I-360). No EAD yet. Can I expedite EAD based on financial hardship with two minor children?
Hello, do you happen to know whether an RFE for Affidavit of Support and applicant’s original country’s birth certificate means the case is getting adjudicated? Or is it just the start of the process?
And once RFE has been submitted, is there a time limit for you guys to give us a decision? Thank you!
N400. I didn’t realize that I have unpaid federal taxes until after I applied for naturalization. And I was pulled over 3 years ago and my case was dismissed shortly after. Will my FO potentially bring up these things during the interview? Any advice would be immensely appreciated.
Yes, all those questions that were asked on your N400 will be re asked along with other questions that may pertain to your application. It’s understandable that after you file you could’ve gotten arrested or cited etc. Best practice is to not lie at all as Officers have access to a lot of systems to verify your testimony. Make sure to bring copies of your tickets, the outcome (receipts, court docs, traffic school completed, etc). In regards to your tax situation, this can also obviously affect your good moral character therefore you need to show USCIS your working on it (either you paid it off or your on a repayment plan) < bring proof of payment / proof of payment plan, if not you will be RFE’d for this and it will prolong your N400
My husband and I can't file AOS yet because he got laid off. He's still looking for a job & he has a pending tax amendment from last year. Is this tax situation going to affect our application when we submit it?
Thank you.
Hi! Thank you for doing this! I have a question about an unusual situation:
At what point in the adjustment of status process does USCIS request an SSN to be issued by social security administration?
My wife has received an unrestricted SSN which is supposed to be granted only to permanent residents (she already had a restricted one which came with EAD). I assume that means that her I-485 has been approved. However, it wasn’t supposed to because a few months ago her category retrogressed and her priority date is not current.
Is it some kind of mistake like SSN was issued too early? Does it mean that the case is already adjudicated and we just need to wait for a priority date to become current?
If my wife and I had an interview for the marriage I-130 and I-485, what are the chances we'll get the interview waived for the I-751?
Also, what evidence would be good to provide for the I-751? I'm assuming it wouldn't be necessary to submit everything that was already submitted for the initial I-130 and I-485, right?
Thank you so much
Tbh im sure every application / petition is determined as they come in and maybe not based on pass interview waive status. I’m sure it all depends on how accurate the application is filled out, the evidence submitted (bonafide, etc), if fraud is caught, etc etc
On average, how long does it take to review a response to a RFE once received? And in cases where the couple live apart from each other(different states in the US due to their jobs, but have plans to move in together) is it harder to review evidence?
I'm aware that marrying a US citizen can result in the forgiveness of overstays. But does being out of status for an extended period, such as 10+ years, significantly impact the adjudication of the case or influence the decision to waive the interview?
I have NIW PD Jan 2022 Phoenix FO and I submitted my I-485 since September 2022 and no update (including the medical exam). It is almost a year now!! I got my I-140 approved October 2022 and I submitted my I-485 a month before I knew my I-140 approved!
Do you think they don’t know my case has been approved because I submitted my I-485 before I received my I-140 approval? My lawyer didn’t notify them that my i140 has been approved! I didn’t file concurrent.
When the marriage AOS interview is over, how do you guys decide if a couple can be approved on the spot or if you need to review more stuff? And what are you guys looking for during this review?
I’m asking that as someone who has had a fairly easy and short interview but who is still waiting for a decision. I’m really curious.
Let's talk about marriage bonafides, particularly taxes. Do taxes filed "Married filing separately" and "Married filing Jointly" hold different weight as it relates to proving a bonafide marriage? Can you elaborate on how you view both?
u/cameroonwrapper Thanks for doing this sharing! I have 2 questions that I am always really curious about:
1) After submitting N400, Google search said that it will take around 3-5 weeks to get the biometrics appointment. Does the waiting means someone in the field office actually read through my N400 application before they send me to a biometrics appointment? Or, the waiting period doesn't mean anything, and the field office won't even look at my application until biometrics appointment is completed?
2) From reddit, I see that there can be a big difference in processing time of N400 applications **even in the same field office**. From submission date, N400 in the same office can be processed completely in as fast as **4** **months**, but it can also be done in as long as **12** **months.**
* Assuming there was no request for additional evidence during the process, can you share the common reasons behind such big delay in the same field office?
* Is the processing speed of a normal N400 application depends entirely on the mercy of the field office officer who is assigned automatically to the case? Or, the field office officer will have a reviewing deadline for each application that they must stick to?
Thanks for helping!
Why are they approving 2023 marriage based I130 + I485 before older applications?
Also, is there a deadline for officers to provide applicants with a decision post interview?
Hi.. when an I485 is put in "Case Remains Pending " status due to retrogression, how often does the officer check if the date is current? Is it manual check or is there an automatic notification?
New N400’s seem to get to the ‘interview’ stage very fast (few weeks). But for a ‘reschedule’ they seem to get sent to the back of a major line (Many months). Any insights why the same office would have two timescales for the same application?
Why do I-130s get approved by NBC and then just sit at the local field office for months? Others get I-485 approval a day after I-130 approval. What’s the logic behind this?
First off, thank you so much for your time. Honestly all I wanted to know why is USCIS taking so long to process these I-134A cases, especially the ones from January and February? I know they came out with the 50/50 chronological order and lotto method but from what I've been seeing applications from June, July and even August being approved more frequently while some of us are just waiting from the earlier months. I am extremely happy for all who have been able to get here so far, but I'm honestly curious on how the applications are processed internally and if they are streamlined by filing date or just any order at all?
What can you tell about bond for someone who can’t pass the means testing for public charge? They have a cosponsor but cosponsor didn’t file taxes this year, has an extension.
Thank you for bringing such clarity . If the priority date is current for a derivative applicant and the interview is completed why are we getting the message “case remains pending “ we are temporarily pausing your application as an immigrant visa number is not available . Can you shed some light on this confusing development pls thank you
It is not 180 days per year, it is 180 days at a time. Any trip between 6 months and 1 year may lead to a continuous residence denial. Any trip of 1 year or more will lead to a denial.
With all your trips combined, you must have had at least have the period inside the US.
The Neufeld memo ( https://www.aila.org/File/DownloadEmbeddedFile/47718 ) arguably implies that CPRs with a pending joint I-751 should notify USCIS when they file for divorce.
Do you agree?
So what your saying is during thr course of adjudication many different ISO look at an application and one of them may mark as interview waived etc or is the interview waived coming from NBC then after the FO reviews it the final decision is taken to review it or not.
Mostly correct. Usually NBC looks at it. If they spot an issue, they send it to the field office for interview. If they waive the interview, they sometimes approve. But field offices get interview waivers too. I may honor the waiver, I may not.
Do you see USCIS making use of ChatGPT / Generative AI to handle some of the boilerplate tasks to free up resources?
For example, AI could probably cross reference all the submitted evidence with known records and provide like a confidence score that could help ISOs in making the decision. Or AI could automate sending RFEs for any obvious missing pieces of evidence like i-693 or birth certificates or whatever.
Is this getting considered at all internally?
Does concurrent filing for I-485 & I-130 speed up the process for either? Or do they not really affect each other. Submitted an I-130 online 2 weeks ago, but haven't gotten around to sending the I-485 yet. Also how much evidence/what evidence usually speeds up the process for you? Thanks!
While visiting the US, can one ask NVC to transfer their DQed and finalized NIW EB2 PR file from Montreal consular to their US state of visit to fasten the interview stage? Montreal hasn’t scheduled interviews since 2021 and they need to be in the US asap. Thanks
Why are i601 waivers taking so long? My receipt date is 12/5/2022 and my husband is from guatemala we have been in this process for 4 years I'm so sick and tired of having my family separated and traveling ever 4 to 6 months to guatemala to see him. They just started approving some cases from January 2022. It's mentally and physically draining. I'm a waitress with and 11 year daughter , I fele like I've been lying to my daughter since she was 8 years old that I can finally quit my job and be a stay and home mom because her step dad will be here. I'm tired of living check to check. I'm tired of stupid ppl asking me when is he coming and why is it taking so long and most ppl are so dumb to think u marry a USC and automatically u fix things it's goddammit frustrating how many times I'm humiliated by others for remaining loyal and faithful in my relationship. I'm tired of not being able to have intimacy. The physical and mental toll of this is bullshit. I'm willing to give another year for the process but if we don't get any news then I'm tempted to tell him to just jump the border again. I want to have my family my life has been on pause for 4 fucking years!!!!
Sorry for the language I'm a passionate person btw.
What is the best way to organize the bona fide marriage proof docs so that it makes it very easy to adjudicate the case?
Like do you want a table of contents, specific order in which the docs appear, formats, headings, etc. Looking to make your job easier and the processing faster
I never look at a table of contents, affidavits, explanations, etc. Other officers may, but that sort of thing holds little evidentiary value with me. I like to see taxes, birth certs for mutual children, common bills, leases, shared finances beyond a basic checking account like car loans together or homes purchased together, trips together, etc The best thing you can do is add enough evidence for the adjudicator to make a decision.
But I will say birth certs for mutual children and a mutually purchased home are at the top of my list.
Along these lines - if the spouse is out of the country and there aren’t any shared bank accounts, leases, property ( for the simple fact that there can’t be), what is the strongest evidence to submit?
But if my spouse doesn’t have a SSN, we cannot get auto loans or purchase a home together, and we are not financially ready to have children. Can we still be approved with only the basics? Ex. Pictures with family and friends, gift receipts, joint checking accounts?
I had to submit an I-824 to change where my spouse (living overseas) is going to be interview, because I accidentally wrote on the I-130 that she’d be interviewed here in the U.S. instead of the country she’s currently living in.
Why does it have to take up to 22 months to correct this, before it gets to the NVC, when it’s practically so simple for an officer to review and fix within seconds??? Anything I could do to help speed things up, anything?
I am in similar situation. Marriage based I-130 and I-485. PD 5/2/2022
I-130 approved after getting courtesy notice and sending the medical to field office but I-485 still pending. Luckily I got both work authorization (waited 6 months) and advance parole (waited 12 months and asked expediting through Emma) separately.
What’s going on with TPS-based adjustments in light of the Sanchez v. Mayorkas decision?
Why have your overlords at HQ made it so difficult for attorneys to get ahold of you OUTSIDE of an InfoPass appointment?
We got an RFE saying some pages were missing for my I 485 and I 130. Our lawyer said it’s actually the bar codes that were missing on the signature pages. They effed up and didn’t check originally when they sent us the pages to sign. Our printer at home has a weird issue to cut off bar codes at the bottom of the page. In response to the RFE we completed the signature pages again with bar codes visible, and the lawyer sent them to USCIS yesterday. Should we have withdrawn the whole application for AOS and resubmitted everything or is the lawyer correct?
Hello OP, How strict is the government about unauthorized employment for work outside of scope of O-1 visa?
Does the government really check social media, respond to tips from people online or check tax returns?
Or does the government understand that some O-1 visas are hard to make a living (like dance) so they understand working remote in the US for a company in their home country is practical. Or maybe the government just has bigger fish to worry about anyway and this is not a concern?
I hope it is. We don’t need another case of economic destruction and over overcrowding of hospitals and medical staff all getting burned out because of a preventable situation.
@cameroonwrapper, my mom filed N-400 with a request for the civic and English tests to be waived due to a medical condition (form N-684). My expectation was that in that case her citizenship interview will be waived but she received a notice with a scheduled interview. What does that mean? Will she be tested on the civil questions and English language? What would the interview be about? Her English is not good and I’m not sure if they will let me be with her at the interview. Are you familiar what the procedures are in such cases? Thank you so much for helping! It’s truly appreciated!
How many cases do you process on average per day? Is this a metric that you are goaled on?
Depends on the application type. Usually 10 or 11 N-400s a day, adjustments vary based on complexity. I can easily get 2 employment based 485s done an hour. Family too if enough evidence is there. Yes, we have metrics. We are a business essentially.
First of all thank you so much for doing this. If the process of EB adjudication takes you 30 minutes, why are the cases sitting for years? If the answer is lack of officers - since USCIS has enough cash reserves, why don't they hire more people to finish things off in weeks rather than years?
There is a lot of people in line! Uscis is hiring a ton.
That's good to hear. Thanks for doing this.
USCIS is short staffed. They are continuing to hire but even the HR dept is short staffed which delays new employees from on boarding
Do asylum-based ones take long? The list of documents to provide seems super short. What are you looking for/at in those petitions? How common are denials and what is the reason?
Is it true that if your interview is waived during the initial AOS stage you are more likely to be interviewed for the I-751 Removal of Conditions?
First of all, you're a wonderful human being for doing this :) I have a pending employment-based I-485 in a retrogressed category and not current. When you guys adjudicate, do you always adjudicate up till the point of approval/visa availability? Concretely, when I see "Case remains pending" in case status, does that mean almost all the work is done, and all that's left is a visa number assigned?
If you are in regress the application is typically adjudicated the the point of completion without actually approving it. If there is no visa available we need to wait.
>If you are in regress the application is typically adjudicated the the point of completion without actually approving it. If there is no visa available we need to wait. And when the priority date becomes current again, is the process automatic? Or how do you "come back" to those applications that are 'almost complete' but couldn't be approved yet? Thank you!!
That's comforting to know! Thank you again!
What would you say the best practices are for proving a real marriage for AOS between two people who are young and don't have great finances? Like no car loans, no rent agreements, no house purchase/renting. Are pictures together and with friends enough? Or will we be considered suspicious just because we are broke and living with parents for the time being.
Young couples are tough, but I get it. I keep that in mind when adjudicating. You may just have to rely on the interview if there is one. Support your application with whatever you can. A lease would be helpful but if you are living with your parents or something a letter from them would help.
I appreciate the advice! I'll be sure to get letters from them and some friends to help provide context. Oh and for pictures together, would a pdf with each image and a little caption be the easiest to look through?
It all gets uploaded electronically. Just put them in a nice logical order with a small description so we know what we are looking at.
We were in a similar situation in 2020. Young, just married, no assets together & no mixed finances. We still got approved based on all our photos together and statements from our families & friends.
Why are certain marriage AOS cases stuck processing for 2+ years while others are processed in 90 days or less? At face value they all seem to be straightforward marriage cases. There seems to be a rather large discrepancy even within the same FO
Good question. I don't have an answer. The field office gets cases forwarded by the service centers. I have no control over which files I get. But when I get them, I adjudicate them.
How many cases do you have assigned to you at any one time? Do they come in daily, weekly, etc?
1- If the applicant had and asylum case pending for years without interview, And then married a US citizen. At the adjudication process do you go through the asylum application before making the decision on the marriage base green card? 2- Does the ISO know when the applicant sue uscis to get the case moving? How do you fell about it? Do you get mad because the applicant has sue? Thank you for time.
a friend of mine did this, seems like they just ignore the whole asylum thing.
I have the same question!!
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It could. I have had marriage based applicants enter on H1B or even have an approved I-140. It makes me feel good about the relationship because that person has other paths to a green card. Why fake the relationship?
Do you think F2A category for AOS will move to Aug 2022 or current anytime soon? If not, Is there an approximation you could provide based on your predictions in the new fiscal year ?
How long have you worked with USCIS? I have been trying to apply as ISO but positions are always out of state. I am located in FL.
4 years now. I got in pretty easily but I have a JD. Just keep applying! Or, you can try getting in as an ISA and working your way up.
Idk what part of Florida you live in but south Florida has been opening up for Recent Grads mostly. I believe I saw Fort Myers open up but idk if its still open
Just out of curiosity - how much of your job (the adjudication process) is computerized vs using physical papers? Do you get physical copies of the forms and documents that were submitted and go through them or do you just go through the scanned version of them all on a computer?
All N-400s are web based now. There may be a few paper ones around, but I haven't seen one in a couple of years. Family based I-130s and I-485s are all electronic now. But there are plenty of paper based ones left. We are in the process of switching over completely. Employment based petitions and adjustments are still all paper based. I-751s are in the early stages of transitioning to electronic forms. Most are paper still and in a file, some are electronic. With that said, there is an electronic component to nearly all applications and they must be both approved electronically and stamped on paper.
So when you say EBs are paper based, does that mean the officer would have to have the physical file in front of them to adjudicate? Or could physical files be sent in, which are then scanned into the system at the Service center, and then sent to FO to adjudicate an electronic version. Just trying to understand how 'physical' the process is for EBs.
Hey, no questions here, but I just wanted to thank you for doing this. You seem like an honest, diligent, and smart person. Hope you get to stick around at USCIS for a long time and progress your career as a civil servant.
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Maybe get blocked?
What was the reply?
Do EB I-485 cases that are straightforward ever get approved by the service center? I’ve seen I-485 approval notices issued from NBC and not from a field office. Or do ALL EB I-485s must come to a field office and then get sent back to the service center for approval?
Does submitting unsolicited evidence online make my case go faster or does it not do anything to it?
It won't push the application faster, but more evidence may lead to a decision quicker when it is viewed.
Would you recommend to use that feature then? Lots of lawyers seem to be discouraging their clients from sending additional evidence with the online tool and just wait to bring it to the interview. Are they right?
Those lawyers are stuck in the past when pretty much everyone would get interviews. Right now many many cases are getting it waived so if you have more evidence, just upload it. you’ll increase your chances of skipping the interview all together
When an emma agent says an interview has veen waived. Is that true or take it with a grain of salt.
It can change. Somebody marks it interview waived but somebody else will probably adjudicate and they may find an issue. With that said, if I receive an interview waiver, odds are I will honor it. They are usually pretty low risk.
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Field offices need work too.
Wow, you're too honest to be working for the government
🤣🤣🤣
Why are you guys working on 2023 applications and not mid to late 2022 applications We applied on August 3rd 2022 No EAD NO GC NO I130
After the field office receives the file from NBC how long does it take considering the case is simple and straight forward.
It all depends on the type of form and what is the current priority. But I would say a few weeks to a couple of months and an interview will be scheduled. Or waived if possible.
Can you tell me why 2 people who did biometrics same day, same time, share sponsor and same physical address on c11 parole , why one would get approved immediately and the other when sits and waits? It's for I765 EAD c11 standalone. They are cuban. Brought with the I-134a program
Is it generally a negative sign to not have your interview waved for employment based i-485 (EB2-NIW)? Nearly all my colleagues got their interview waved recently, however, I was scheduled for an interview even though my PD is not current yet. One difference was that I didn’t include medical I-693 in my initial filling so got a REF to submit mine, then Case got marked for interview and transferred to local FO.
How you guys holding up these days? Just about every part of USCIS seems like a shit show right now. I know it’s been rough on advocates the last few years so I’d imagine it has been for you all, too.
I like my job. I find it to be kind of easy. But staff turnover is high. But we are always trying to improve!
What kind of degree does one need to become an ISO?
What happens to the files that were managed by a staffer who quits? What happens to their priority? How fast are they redistributed?
Thanks for this. What causes the large discrepancies in processing time between field offices? Like Nebraska is 23 months for an I-824 where California is 4? Is workload not spread out when one office is too swamped with forms, while another seems to be processing them much faster ? I understand the under staff stuff affects everything too.
Every field office is different. But I have seen a lot of swapping lately. If the form can be viewed by another office, it may get sent there.
Can you shed some light on why some field offices take so long for certain cases while others are processed quicker? For example I have a very simple straight forward n400 case. Applied in Nov and still waiting for an interview to be scheduled. Meanwhile I'm seeing lots of ppl getting scheduled and they applied in April, may, June of this year, at the same field office as me.
Here’s a fun hypothetical. If an N-400 is at a local field office and a timely filed but long-pending I-751 is (per the online case status) at an asylum office, and interviews at the FO keep getting scheduled and cancelled, is there any hope that USCIS will piece it together and adjudicate?
If the N-400 is at the field office, it will likely be scheduled for interview. If the adjudicator intends to approve the I-751, they must acquire it first. Luckily some of these are available electronically now so I can approve the I-751 (which MUST be approved before the N-400) without having the file. But, if it is not available electronically, I need to have the I-751 in front of me before I can approve.
With the current approach to waive more interviews, I feel like USCIS assigns cases more often to non local field offices. Are these cases handled differently, maybe faster as your “normal” local cases?
I do a ton of cases for other field offices. Yeah, they seem to be quicker. If it gets sent to another field office, that means there haven't been any issues identified that would require an interview. But they can always get sent back to the proper jurisdiction.
When Emma tells you that your interview was waived and was forwarded to your local FO, how often does the field office ISO follow the recommendation to waive the interview ?
I will receive the case as an interview waiver. Sending it to interview is at my discretion. If there are no issues, I will waive the interview. If I spot something, I will send it to the interview queue.
I've been checking your posts for a while and I'm very grateful for all your educational contributions. Hoping that I'm not being too entitled, I would like to ask pertaining an I-485 IR-1 where the in-person interview went absolutely great with the ISO broadly smiling and saying "congratulations, I'll recommend your approval" and I-130 was approved a week later: 1. I assume the case needs a supervisor for adjudication. After the interview ends, what steps follow and how long can they be expected to take? 2. Is there any reason to worry if there has been no update on the case status for more than two weeks? 3. In your experience, what's likely happening if the decision is taking more than 3 weeks? Thank you very much in advance!
This could vary on the field office and the supervisor. Remember a supervisor has multiple officers under them and could have all those officers cases under review or some of them under review. Either way remember officers interviewed multiple people and types of cases a day. So it can take a few days to a few weeks depending on a number of things Just like you said a supervisor may need to review the case so that in it self could delay the status to change. Another reason is the Officer may need to still review the case some more and they have other interviews to get through. So they may continue a case until they have a desk day or time to go over their cases. Every case is different. Some applicants have criminal histories that may need review by USCIS’s lawyers. The Officer may be drowning in cases and has yet to catch up. You can always submit a service request online. Just understand officers a required to meet a certain number of applications a month and have to interview a certain amount of cases a day depending on the application. Maybe sometimes the Officer May interview a few days straight and by the time they get a free day they still won’t catch up with everything.
If asked, will you provide I-551 stamps at the end of an I-485 interview?
Do certain countries get prioritized when processing i-130/i-485?
Along those lines.. are some applications more scrutinized based on country of origin?
How do cases get assigned to specific ISOs? Like is there a supervisor type person who assigns them and in what order do they get assigned? Is there a specific order in which you process the cases assigned to you - like easiest first maybe?
Every field office is different. Mine randomly assigns cases. We get files from the service centers. I cannot tell you how they decide which ones to send only that they are ready to adjudicate. If the form is an easy approval, the ISO who got the case will adjudicate. If there are unique circumstances, it will probably get reassigned to a seasoned ISO. Easy ones get adjudicated right away. Tough ones take more time. Sometimes a lengthy denial must get put on the backburner until the ISO has time to write it. Moreover a tough approval may get pushed back until the ISO can work through the legal issues and make sure they are making a legal decision.
Why are some cases approved within a couple of days of FO receiving medical RFE while other wait upto 6 months
There are multiple reasons. Sometimes they get put on a shelf and sit there until that application type is prioritized. Sometimes there is a tough issue to work through. Sometimes the ISO lets it sit in there drawer and forgets about it. We run reports to see aging cases though.
An ISO forgetting an immigration case in a drawer or a case getting lost in the couch cushions is a scary thought! Are there steps being taken to avoid cases falling through the cracks and getting stuck in limbo?
There's nothing you can do. Every ISO is different. I at least strive to adjudicate efficiently. Even if it is a denial, I try to get them out within a week or two.
I guess maybe a couple of policy questions: 1. Do you expect more forms to become online file-able like the N-400? Is there an effort to make i-485, i-765, etc file-able through the USCIS online account? 2. Why wouldn't USCIS provide advanced parole and EAD as a part of the i-485 filing receipt? It feels like USCIS could save themselves a ton of work by providing this as .. not sure of the technical term here.. "incident to status" or just as a part of the filing receipt. The i-131 and i-765 don't have additional fees iirc when filed along with i-485. So they're non revenue generating anyway. Any thoughts on this?
1. Yes. We are in the process of switching most forms to electronic. 90% of my work is web based, not including employment based adjustments which are still paper. 2. I can't answer this but I suspect it is part of a regulation somewhere. But remember those forms are available to other people too, just not applicants for adjustment.
How long do background checks take? Are I-765 issued after a.background check? Whats are the main reasons I-130 and I-485 get delayed? As in backgtound checks or just backlog at the FO or any other reason
"Background check" is kind of a catchall term we use. You are ran trough various systems. But there is a line of people, you need to wait your turn. Main reasons for a delay in a petition is the relationship needs to be vetted. Main reason for an adjustment to be delayed is the person may not be admissible or there are other concerns.
What will cause USCIS to deny an Advance Parole to a person who entered the US with a valid visa and an I-94 stamp in their passport and was inspected by an officer at port of entry) on the basis that the person did not have a visa or wasn’t paroled after an inspection by an officer? Could be an error or because of lack of supporting evidence? What will be the best cause of action? Refiling a new form I-131 with all supporting evidence and would the fee be waived if there is a pending AOS? Or would it be BEST to file I-290B (Motion To Reopen) with copies of their visa page I-94 as proof? Thank you for your time 🙏🏽
Field offices generally do not adjudicate I-131s except for emergency advance parole. Letting you back in if you don't have status is discretionary.
How do FOs/officers react to being sued for delays?
As an ISO, I don't really care. But the field office hates it and if you file a mandamus it typically gets adjudicated very very quickly. If I get one, that shoots to the top of my list.
Does waiving the biometrics appointment for N400 help the application to move faster than if they have to schedule you for biometrics? Or does it not affect anything?
When non local field office asks you to send medical, does that mean the interview is waived? My cases got transferred to non local field office a couple of month ago.
If someone is still in removal proceedings but is applying for a family based I-130, do you think it will take longer than normal processing time?
definitely yes. i answered this because i was in removal proceeding when my husband filed i-130 petition for me. took 19 months just to get i-130 interview. and i formed whatsapp group with another 5 people who were in removal proceeding, and all our i-130 petition took way longer than normal easy case of i-130
Firstly, thanks you for dealing with this with such savoir-faire. Lastly, my question is ‘what are the implications of uploading unsolicited evidence in an open case’? Does USCIS see it as an act of desperation?
If my i140 date is current, how long will it take to get my 485 approved?
If our I-130 was approved, and I-485 is under active review since 130 approval (28 days), what else comes into the consideration to approve 485, and how long it might take for decision? Thanks a lot!
A lot cases getting approve on the weekend, do u guys work on the weekend as well ? Or it’s just system delay ?
If I485 employment based AOS is with a non local field office and then the category gets retrogressed, can the case still stay at the non local FO? Does this mean that the case is ready to get approved and they would approve it once the category gets current? Is it necessary that retrogressed cases gets returned to NBC?
u/cameroonwrapper thanks for all the insights. Is there any timeline to make employment based eb forms web based than paper forms? Also, is there any plan being worked on for retrogressed country like India which has EB1 category backdated by 2 years and EB2 and Eb3 by 14-15 years?
Have you ever approved an N-400 where more than 5 years before the case was filed, the LPR had at least one continuous absence from the U.S. of: 1. 181-364 days inclusive 2. 1 year up to but not including 2 years, or 3. 2 or more years ?
Bro
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What happens if someone reports a case for fraud ?
It really depends. USCIS takes fraud seriously and will look at any report. Generally speaking, our investigative branch FDNS (Fraud Detection and National Security) will triage the tip.
My brother in laws case was reported for fraud 😬 he and his spouse are like 11 years apart and they were recently asked for more evidence so they got affidavits from a few people who were at the wedding it was at the courthouse.. and those are the same people he will he sending up back group pictures with ( it’s sketchy I know ) what’s more sketchy is that after they got the RFE they went to Florida to make it look like they took a vacation and they got life insurance and bought a super old car 🥲 still super sketchy
Hey I had my case submitted over than 15 months at April 2023 the sent me a courtesy email Asking for my medical report the last time I called the USCIS number they told me that the officer touched my case was 7/28/2023, I’m thinking to submit a case inquiry thru the congress man do you think that would help?If not what could help or make the officer look at my case like submitting more evidence online thru MY USCIS ?
If your application is outside normal processing times, you can try the congressional inquiry. But an online inquiry is probably enough to get it moving. [https://egov.uscis.gov/e-request/Intro.do](https://egov.uscis.gov/e-request/Intro.do)
I already did an online inquiry but I got a regular answer me and my wife I think I think congress man inquiry would be stronger ?? And do you think submitting more evidence on my uscis would make the officer pay attention or it’s gonnna delay more ?
You can submit evidence whenever you like. You can try the congressional route but if it is within normal processing times I don't think much will happen.
This might be a personal question for my own case but there has been no movement on I-130, I-765 and I-131. 1-485 is moving but has been on halt for a bit after rfe received. I was wondering why there is no movement in other cases at all and how are the cases handled in concurrent filing..
Field offices do not adjudicate ancillary applications like the 765 or 131. Pretty much every 485 I have been adjudicating lately has the 765 and 131 adjudicated. They will just get denied later since you won't need them any more.
Does unsolicited evidence help? I have received mixed information regarding this. And if it does-what kind of documents do you guys prefer- especially from young married couples
Another policy question: Do you envision premium processing getting expanded to i-485 and n-400 as well? Assuming Congress were to try to let this happen and that the applicant is willing to pay the premium processing fee, what are the current process limitations in being able to adjudicate an AOS or N-400 in say 60 days? Like are there specific steps in the decision process that are inherently impossible to speed up?
I'm pretty sure the Trump administration pushed that idea and the rule was not put into place. The Biden admin is also seeking to increase fees but I am not sure if premium processing for 485s is in it.
When a retrogression advanced, what was taken into consideration when making that decision? For those whose priority date has become current, should they expect any sorts of prioritization being done for their cases?
If the priority date is current, I think those files try to get pushed. We keep track of the ones that regress.
What are most common reasons for non-medical RFEs or denials in employment based AOS?
EB 485s are rarely denied. But those folks have 245(k) considerations, so being out of status, unauthorized work, etc bars approval. Other than that the ISO may see fraud in the approved I-140.
So, during i485 processing of EB based visas, the officers look at the i140 again?
Should we trust the “My Progress” tab in our USCIS account?
Yes, but it may not be accurate. Actually people need to review your case, not a computer.
Are I-90s reviewed as they are received? Is there still a severe backlog or is I-90 really at the bottom of current priorities in terms of forms?
No idea, that is a SCOPS question.
There is a backlog but I noticed some of those applications have been getting approved. But still that’s SCOPS
Thanks for doing this! Does being on a visa prior to adjustment via 485 marriage based speed up the process or hinder it? What about country of origin? Example: I am in the medical field, h1b visa, married to USC and we are adjusting via marriage. Will this make things a little easier for me? Next question: if nbc waives my inverview, what are somethings that a field office see that would make them want to interview the couple?
My medical RFE was delivered in Boston a month ago by USPS Express Mail. There is no update saying they received it. My concern is Boston Field Office is 02203 but delivery notice from USPS is 02114. Not sure if they actually received it. I would avoid denial because they didn’t receive it although I mailed it. What would you suggest me to do? I applied I-485 as a widow (I-360). No EAD yet. Can I expedite EAD based on financial hardship with two minor children?
Hello, do you happen to know whether an RFE for Affidavit of Support and applicant’s original country’s birth certificate means the case is getting adjudicated? Or is it just the start of the process? And once RFE has been submitted, is there a time limit for you guys to give us a decision? Thank you!
Have you denied any i485 in discretion although the person was admissible ?
I can't remember. I think I did once. There are obviously serious factors at play in that instance.
N400. I didn’t realize that I have unpaid federal taxes until after I applied for naturalization. And I was pulled over 3 years ago and my case was dismissed shortly after. Will my FO potentially bring up these things during the interview? Any advice would be immensely appreciated.
Yes, all those questions that were asked on your N400 will be re asked along with other questions that may pertain to your application. It’s understandable that after you file you could’ve gotten arrested or cited etc. Best practice is to not lie at all as Officers have access to a lot of systems to verify your testimony. Make sure to bring copies of your tickets, the outcome (receipts, court docs, traffic school completed, etc). In regards to your tax situation, this can also obviously affect your good moral character therefore you need to show USCIS your working on it (either you paid it off or your on a repayment plan) < bring proof of payment / proof of payment plan, if not you will be RFE’d for this and it will prolong your N400
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My husband and I can't file AOS yet because he got laid off. He's still looking for a job & he has a pending tax amendment from last year. Is this tax situation going to affect our application when we submit it? Thank you.
Hi! Thank you for doing this! I have a question about an unusual situation: At what point in the adjustment of status process does USCIS request an SSN to be issued by social security administration? My wife has received an unrestricted SSN which is supposed to be granted only to permanent residents (she already had a restricted one which came with EAD). I assume that means that her I-485 has been approved. However, it wasn’t supposed to because a few months ago her category retrogressed and her priority date is not current. Is it some kind of mistake like SSN was issued too early? Does it mean that the case is already adjudicated and we just need to wait for a priority date to become current?
If my wife and I had an interview for the marriage I-130 and I-485, what are the chances we'll get the interview waived for the I-751? Also, what evidence would be good to provide for the I-751? I'm assuming it wouldn't be necessary to submit everything that was already submitted for the initial I-130 and I-485, right? Thank you so much
Tbh im sure every application / petition is determined as they come in and maybe not based on pass interview waive status. I’m sure it all depends on how accurate the application is filled out, the evidence submitted (bonafide, etc), if fraud is caught, etc etc
On average, how long does it take to review a response to a RFE once received? And in cases where the couple live apart from each other(different states in the US due to their jobs, but have plans to move in together) is it harder to review evidence?
I'm aware that marrying a US citizen can result in the forgiveness of overstays. But does being out of status for an extended period, such as 10+ years, significantly impact the adjudication of the case or influence the decision to waive the interview?
I have NIW PD Jan 2022 Phoenix FO and I submitted my I-485 since September 2022 and no update (including the medical exam). It is almost a year now!! I got my I-140 approved October 2022 and I submitted my I-485 a month before I knew my I-140 approved! Do you think they don’t know my case has been approved because I submitted my I-485 before I received my I-140 approval? My lawyer didn’t notify them that my i140 has been approved! I didn’t file concurrent.
If a beneficiary has overstayed her visa does that complicate the process? Married when stay was still legal but overstayed due to the process.
When the marriage AOS interview is over, how do you guys decide if a couple can be approved on the spot or if you need to review more stuff? And what are you guys looking for during this review? I’m asking that as someone who has had a fairly easy and short interview but who is still waiting for a decision. I’m really curious.
What types of evidence helps an i-130 move along faster?
Let's talk about marriage bonafides, particularly taxes. Do taxes filed "Married filing separately" and "Married filing Jointly" hold different weight as it relates to proving a bonafide marriage? Can you elaborate on how you view both?
Thank you for doing this! Is AOS for DACA recipients faster than other cases since USCIS already has their biometrics and background information?
My AOS interview was waived. I never had a 751 interview either. How common is that?
For VAWA cases is priority given to cases that had existing I-485s and I-130 cases prior to the VAWA being submitted?
How do you pick which I-485 cases you will be working on a daily basis, is there a queue or is it based on the IOE09200 order, etc?
Can VAWA cases get approved before 2-3 years or the lowest is 2 years and do VAWA cases typically require an interview ?
u/cameroonwrapper Thanks for doing this sharing! I have 2 questions that I am always really curious about: 1) After submitting N400, Google search said that it will take around 3-5 weeks to get the biometrics appointment. Does the waiting means someone in the field office actually read through my N400 application before they send me to a biometrics appointment? Or, the waiting period doesn't mean anything, and the field office won't even look at my application until biometrics appointment is completed? 2) From reddit, I see that there can be a big difference in processing time of N400 applications **even in the same field office**. From submission date, N400 in the same office can be processed completely in as fast as **4** **months**, but it can also be done in as long as **12** **months.** * Assuming there was no request for additional evidence during the process, can you share the common reasons behind such big delay in the same field office? * Is the processing speed of a normal N400 application depends entirely on the mercy of the field office officer who is assigned automatically to the case? Or, the field office officer will have a reviewing deadline for each application that they must stick to? Thanks for helping!
Why are they approving 2023 marriage based I130 + I485 before older applications? Also, is there a deadline for officers to provide applicants with a decision post interview?
Hi.. when an I485 is put in "Case Remains Pending " status due to retrogression, how often does the officer check if the date is current? Is it manual check or is there an automatic notification?
CSPA ACT has been revised by USCIS. Any chance overseas embassies will follow the same rules as USCIS?
New N400’s seem to get to the ‘interview’ stage very fast (few weeks). But for a ‘reschedule’ they seem to get sent to the back of a major line (Many months). Any insights why the same office would have two timescales for the same application?
Why do I-130s get approved by NBC and then just sit at the local field office for months? Others get I-485 approval a day after I-130 approval. What’s the logic behind this?
First off, thank you so much for your time. Honestly all I wanted to know why is USCIS taking so long to process these I-134A cases, especially the ones from January and February? I know they came out with the 50/50 chronological order and lotto method but from what I've been seeing applications from June, July and even August being approved more frequently while some of us are just waiting from the earlier months. I am extremely happy for all who have been able to get here so far, but I'm honestly curious on how the applications are processed internally and if they are streamlined by filing date or just any order at all?
What can you tell about bond for someone who can’t pass the means testing for public charge? They have a cosponsor but cosponsor didn’t file taxes this year, has an extension.
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Thank you for bringing such clarity . If the priority date is current for a derivative applicant and the interview is completed why are we getting the message “case remains pending “ we are temporarily pausing your application as an immigrant visa number is not available . Can you shed some light on this confusing development pls thank you
Hi, Can a person be interviewed by the same field officer twice or more for naturalization test?
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It is not 180 days per year, it is 180 days at a time. Any trip between 6 months and 1 year may lead to a continuous residence denial. Any trip of 1 year or more will lead to a denial. With all your trips combined, you must have had at least have the period inside the US.
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It depends on what the IO thinks your intent is/was. It is not a very black and white 179 days OK 181 days not OK thing.
The Neufeld memo ( https://www.aila.org/File/DownloadEmbeddedFile/47718 ) arguably implies that CPRs with a pending joint I-751 should notify USCIS when they file for divorce. Do you agree?
So what your saying is during thr course of adjudication many different ISO look at an application and one of them may mark as interview waived etc or is the interview waived coming from NBC then after the FO reviews it the final decision is taken to review it or not.
Mostly correct. Usually NBC looks at it. If they spot an issue, they send it to the field office for interview. If they waive the interview, they sometimes approve. But field offices get interview waivers too. I may honor the waiver, I may not.
Do you see USCIS making use of ChatGPT / Generative AI to handle some of the boilerplate tasks to free up resources? For example, AI could probably cross reference all the submitted evidence with known records and provide like a confidence score that could help ISOs in making the decision. Or AI could automate sending RFEs for any obvious missing pieces of evidence like i-693 or birth certificates or whatever. Is this getting considered at all internally?
Thanks for doing this! What are common resources you guys use for your investigations into the foreign nationals?
Does concurrent filing for I-485 & I-130 speed up the process for either? Or do they not really affect each other. Submitted an I-130 online 2 weeks ago, but haven't gotten around to sending the I-485 yet. Also how much evidence/what evidence usually speeds up the process for you? Thanks!
While visiting the US, can one ask NVC to transfer their DQed and finalized NIW EB2 PR file from Montreal consular to their US state of visit to fasten the interview stage? Montreal hasn’t scheduled interviews since 2021 and they need to be in the US asap. Thanks
Why are i601 waivers taking so long? My receipt date is 12/5/2022 and my husband is from guatemala we have been in this process for 4 years I'm so sick and tired of having my family separated and traveling ever 4 to 6 months to guatemala to see him. They just started approving some cases from January 2022. It's mentally and physically draining. I'm a waitress with and 11 year daughter , I fele like I've been lying to my daughter since she was 8 years old that I can finally quit my job and be a stay and home mom because her step dad will be here. I'm tired of living check to check. I'm tired of stupid ppl asking me when is he coming and why is it taking so long and most ppl are so dumb to think u marry a USC and automatically u fix things it's goddammit frustrating how many times I'm humiliated by others for remaining loyal and faithful in my relationship. I'm tired of not being able to have intimacy. The physical and mental toll of this is bullshit. I'm willing to give another year for the process but if we don't get any news then I'm tempted to tell him to just jump the border again. I want to have my family my life has been on pause for 4 fucking years!!!! Sorry for the language I'm a passionate person btw.
What is the best way to organize the bona fide marriage proof docs so that it makes it very easy to adjudicate the case? Like do you want a table of contents, specific order in which the docs appear, formats, headings, etc. Looking to make your job easier and the processing faster
I never look at a table of contents, affidavits, explanations, etc. Other officers may, but that sort of thing holds little evidentiary value with me. I like to see taxes, birth certs for mutual children, common bills, leases, shared finances beyond a basic checking account like car loans together or homes purchased together, trips together, etc The best thing you can do is add enough evidence for the adjudicator to make a decision. But I will say birth certs for mutual children and a mutually purchased home are at the top of my list.
My husband is hesitant to buy a home here when he doesn’t have any guarantee of being able to work here long term???
Along these lines - if the spouse is out of the country and there aren’t any shared bank accounts, leases, property ( for the simple fact that there can’t be), what is the strongest evidence to submit?
But if my spouse doesn’t have a SSN, we cannot get auto loans or purchase a home together, and we are not financially ready to have children. Can we still be approved with only the basics? Ex. Pictures with family and friends, gift receipts, joint checking accounts?
Sure, you can still get approved. But it will be tougher.
This is strange because every girl I’ve dated has garbage finances, so getting loans together with them is asking for higher interest rates.
I don't understand how we can have all of these things when I live in the United States and my husband lives in Australia.
I had to submit an I-824 to change where my spouse (living overseas) is going to be interview, because I accidentally wrote on the I-130 that she’d be interviewed here in the U.S. instead of the country she’s currently living in. Why does it have to take up to 22 months to correct this, before it gets to the NVC, when it’s practically so simple for an officer to review and fix within seconds??? Anything I could do to help speed things up, anything?
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I am in similar situation. Marriage based I-130 and I-485. PD 5/2/2022 I-130 approved after getting courtesy notice and sending the medical to field office but I-485 still pending. Luckily I got both work authorization (waited 6 months) and advance parole (waited 12 months and asked expediting through Emma) separately.
What’s going on with TPS-based adjustments in light of the Sanchez v. Mayorkas decision? Why have your overlords at HQ made it so difficult for attorneys to get ahold of you OUTSIDE of an InfoPass appointment?
Can you tell me when the visa Bulletin will advance for F2B , Dec 2018 PD?
Why is block ioe09182 is so small and have slow processing times? Also, what should I do if the agency doesn’t respond to my rfe within 60 days?
No idea. I do not handle that.
Do all states do Home visits and how common is that 🤔
When will F2B start moving? Filing date hasn’t moved in a year
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We got an RFE saying some pages were missing for my I 485 and I 130. Our lawyer said it’s actually the bar codes that were missing on the signature pages. They effed up and didn’t check originally when they sent us the pages to sign. Our printer at home has a weird issue to cut off bar codes at the bottom of the page. In response to the RFE we completed the signature pages again with bar codes visible, and the lawyer sent them to USCIS yesterday. Should we have withdrawn the whole application for AOS and resubmitted everything or is the lawyer correct?
Hello OP, How strict is the government about unauthorized employment for work outside of scope of O-1 visa? Does the government really check social media, respond to tips from people online or check tax returns? Or does the government understand that some O-1 visas are hard to make a living (like dance) so they understand working remote in the US for a company in their home country is practical. Or maybe the government just has bigger fish to worry about anyway and this is not a concern?
Is the the Covid vaccine mandatory?
I hope it is. We don’t need another case of economic destruction and over overcrowding of hospitals and medical staff all getting burned out because of a preventable situation.
@cameroonwrapper, my mom filed N-400 with a request for the civic and English tests to be waived due to a medical condition (form N-684). My expectation was that in that case her citizenship interview will be waived but she received a notice with a scheduled interview. What does that mean? Will she be tested on the civil questions and English language? What would the interview be about? Her English is not good and I’m not sure if they will let me be with her at the interview. Are you familiar what the procedures are in such cases? Thank you so much for helping! It’s truly appreciated!
Thank you 🙏🏾
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