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

March 13, 2023 A sample I-130 approval (marriage based) showing 17 months of processing time. February 16, 2023 Processing times remain unchanged for I-130 petitions by US citizens for their spouses. Expect more than one year. 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...

USCIS Will Automatically Extend Green Cards for Naturalization Applicants

Starting December 12, 2022, all applicants for N-400 (naturalization) will receive an automatic extension of their green card for up to 24 months. Applicants no longer need to file a separate I-90 to extend their green cards. The automatic extension will be stated on the N-400 receipt notice. The receipt notice can be presented with the expired Green Card as evidence of continued status as well...

Visa Bulletin Update FY 2023

March 2023 No major changes from February. Still no cut-off date for F2A. But DOL expects one soon. EB2 for all is expected to retrogress due to the high number of use. EB3 for all will also retrogress in the coming months. Employment-based visa bulletin March 2023 Family-based visa bulletin March 2023 February 2023 F2A category will likely see a cutoff date in March. If you are a green card...

I-485 EB Processing Time (Filed in FY 2023)

Update February 17, 2023 Here are some some I-765 EADs based on the pending I-485s filed FY 2023. Fairly quick. Took less than 4 months. I-131 Advance paroles were also approved at the same time. Original Post November 3, 2022 This post will provide sample processing timeframes for employment-based I-485s filed in FY 2023 (October 1, 2022 to September 30, 2023). Processing time for the previous...

Liberian Refugee Immigration Fairness Program

Update August 17, 2021 USCIS issued another reminder that the deadline to submit green card applications for Liberian Refugee Immigration Fairness (LRIF) from eligible Liberians and their immediate family members is December 20, 2021. Q.  What are the requirements for a family member to adjust status based on LRIF? A.  To adjust based on LRIF, each family member must: Properly file his...

The Supreme Court Rules TPS Is Not an Admission for Purposes of Adjustment of Status

The Supreme Court just handed down a decision that will deflate the hope of filing for green card (while present in the U.S.) for about 400,000 individuals in the U.S. with Temporary Protected Status (TPS). The case concerns the plight of Jose Sanchez who with his wife and three children entered the US illegally in 1997. His fourth child was born in the U.S. and is a U.S. Citizen. In 2001, after...

Perpetual H-1B? Almost

Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...

Expediting a Pending I-765 EAD

Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...

I-485 EB Processing Update

Update January 25, 2023 According to February's visa bulletin, it seems like the F2A category will no longer remain "current." If you are a dependent whose I-485 did not get approved with the principal's I-485, you may consider F2A and have the principal file an I-130 on your behalf. It's difficult to say whether this will be faster than continue waiting for your I-485 (dependent) to be...