Processing Times for Family-based petitions and applications, including I-130 and I-485

January 9, 2023 Here's a sample I-130 approval for a spouse of a US citizen. The total processing time is about one year, matching the posted time frame for Texas. Note that the I-130 may be transferred between service centers. This was filed in Texas and then transferred to Vermont. January 5, 2023 We will start tracking the processing times of family-based petitions and applications. Below is...

Visa Bulletin Update FY 2023

February 2023 F2A category will likely see a cutoff date in March. If you are a green card holder and have an opportunity to petition for your noncitizen spouse, you may consider filing it as soon as possible. EB3 other works is expected to retrogress further. EB4 SR category has been extended until 09/30/2023. The category is now available. Employment-based visa bulletin February 2023...

Changing Consulate Interview Venue for LGBT Applicants

Oftentimes, LGBT beneficiaries of family-based (I-130) and fiance(e) visa petitions (I-129F) may want to change the visa interview location where the safety of the LGBT applicant may be at issue. The Department of State understands these concerns and has provided the following procedure for changing venue. File I-130 or I-129F petition and designate the consular post in the beneficiary's home...

New Public Charge Rule Announced

USCIS has announced new public charge rule to be published in the final register. The new rule tries to steer clear of being labeled a "wealth test". Non-cash benefits like SNAP, Child Health Insurance, most Medicaid, housing benefits, are no longer part of public charge determination.  The final rule will be effective on Dec. 23, 2022, and will apply to applications postmarked (or...

Some TPS Holders May Now Be Considered “Inspected and Admitted” and Be Eligible For Adjustment of Status

On July 1, 2022, USCIS issued an update to its policy manual which clarified that Temporary Protected Status beneficiaries may be deemed eligible for adjustment of status to the extent that they meet the inspected and admitted requirement following a return from authorized travel. TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security...

Is the New Estimated Case Processing Time Better than Before?

On May 5, 2022, USCIS announced changes to simplify and improve how the agency communicates case processing time data to the public. Users can now immediately find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. Additional changes include: Adding drop-down options for form categories will help narrow results to only...

USCIS Temporarily Increases Automatic EAD extension up to 540 days

Update July 7, 2022 USCIS has informed the public that some applicants may have received incorrect receipt notices showing the outdated 180-day automatic extension instead of the current 540-day automatic extension. The incorrect receipt notices were issued between May 4, 2022 and June 2, 2022. Affected applicants should be receiving the correct notices by the third week of July. Sample...

Healthcare workers may request expedited processing of their pending Form I-765s (EADs)

Update 10/20/2022 On 10/20/2022, USCIS extended this flexibility. If you're a healthcare/childcare worker and have a pending I-765 that has been pending for over 90 days, you may request expedited processing. See below for definitions of a healthcare/childcare worker. Original Post 12/28/2021 On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited processing...

USCIS Temporarily Waiving 60-Day Rule For I-693 Signatures

On December 9, 2021, USCIS announced that it is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (such as I-485). In October 2020, many applicants could not file their I-485 applications in October due to civil...