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Law Offices of Carl Shusterman
   
 

January 13, 2020

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USCIS Processing Times
Continue to Rise

USCIS processing times have almost doubled over the past few years.

Sometimes it takes over 2 years for the agency to complete the processing of an I-485.

Here are some of the reasons why this is happening:

1. In 2017, USCIS announced that persons seeking to adjust their status through employer sponsorship (aka "merit-based immigrants") would, for the first time in over 20 years, be subject to in-person interviews at District Offices. Since most employment-based (EB) immigrants adjust their status in the U.S. as opposed to most persons in the family-based preference categories, this greatly increased I-485 backlogs.

2. Since most EB applications for adjustment of status have been adjudicated in USCIS's Service Centers for decades, officers at District Offices often lack experience in EB immigration. Many professionals receive RFEs, NOIDs and denials, sometimes based on USCIS errors. Recently, we assisted an IT professional in overcoming a NOID when the officer clearly did not understand how the 180-day portability rule worked

3. The Administration encouraged officers to look for reasons to deny I-485s and other benefits.

In a news alert published in 2019, USCIS stated:

"USCIS remains committed to adjudicating applications, petitions, and requests for immigration benefits as effectively and efficiently as possible in accordance with all applicable laws, policies, and regulations while securing the integrity of the immigration system."

We appreciate USCIS's concern, yet we are not seeing significant improvements in processing times, especially for persons applying for adjustment of status.



 
 


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How You Can Find I-485 Processing Times

To learn how long processing times are for each type of immigration benefit, go to the USCIS website, place your cursor on "Tools" and you will see a megamenu. Under the heading "Online Resources", click on "Case Processing Times". You will see 2 menus on the left side of the screen.

Click the down arrow under "Forms" and chose the form which corresponds with the immigration benefit you are seeking. For example, if you are applying for adjustment of status through employment, investment, marriage, relatives or the green card lottery, click on "I-485".

Then, choose the location of the "Field Office" where you will be interviewed.

Finally, click the Blue Box which says "Get Processing Time".

Unfortunately, the USCIS website shows such a wide range of processing times that this may not be very helpful. For example, the processing times for I-485s in Los Angeles range from 7 ½ to 17 months while the times in New York City are between 18 ½ and 32 ½ months.

We list of the current I-485 processing times in some of the largest USCIS District Offices from our Immigration Waiting Times page.

Read more...


Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550

Los Angeles, CA, 90017
Phone: (213) 623-4592, Ext. 0
Fax: (213) 623-3720

 
 


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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.

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