1. What is the average processing time for Form I-485 Adjustment of Status?
The average processing time for Form I-485 Adjustment of Status is currently 6 to 9 months. However, this timeframe can vary depending on the type of case, the complexity of the application, and the USCIS office you are applying at.
2. How long does it typically take for USCIS to process Form I-485?
The processing times for Form I-485 vary and depend on the type of application and the applicant’s individual circumstances. According to the U.S. Citizenship and Immigration Services (USCIS), the current processing time for Form I-485 is from 6 months to over a year.
3. Is there a way to check the status of my Form I-485 Adjustment of Status?
Yes, you can use the USCIS Case Status Check to check the status of your Form I-485 Adjustment of Status. The case status check allows you to enter your receipt number to view the current status of your case.
4. How long does it take to receive an EAD card after submitting Form I-485?
Generally, it takes around 3 to 5 months for the U.S. Citizenship and Immigration Services (USCIS) to issue an Employment Authorization Document (EAD) card after submitting Form I-485. However, processing time varies and can take longer in some cases.
5. How is my eligibility for an Adjustment of Status determined?
Your eligibility for an Adjustment of Status is based on a number of different criteria, including your immigration status at the time of filing, your current visa status, whether or not you have been in the U.S. continuously since the time of entry, whether you have been maintaining lawful status, and whether you are inadmissible or not. Ultimately, an immigration officer will review your case and determine whether or not you are eligible for an Adjustment of Status.
6. Are there any factors that can speed up or delay the processing times of Form I-485?
Yes, there are several factors that can speed up or delay the processing times of Form I-485. These include:
• If the applicant has a priority date that is current;
• The availability of additional resources or personnel to work on the case;
• The complexity of the case;
• The number of background and/or security checks that need to be completed;
• How long it takes for the applicant to respond to requests for additional evidence or information from USCIS;
• The availability of interview slots at a local USCIS office; and
• If the applicant is able to prove an imminent threat of serious harm based on race, religion, nationality, membership in a particular social group, or political opinion.
7. What is the current wait time for Form I-485 applications?
At this time, the wait time for Form I-485 applications is on average 8.5 months, but this can vary depending on the individual applicant’s case.
8. How does the processing time for Form I-485 vary for different visa categories?
The processing time for Form I-485 varies for different visa categories based on the individual case and the current backlog. In general, applications filed with a family-based sponsorship take longer to process than those filed with employment-based sponsorship. Additionally, certain visa categories may have additional processing times due to visa caps or limits.
9. What is the expected processing time for an employment-based adjustment of status?
The processing time for an employment-based adjustment of status application varies depending on the individual applicant’s case and processing center. Generally, the processing time takes anywhere from 6 to 12 months.
10. How can I expedite the processing of my Form I-485 application?
Unfortunately, there is not an expedited processing service available for Form I-485 applications. The processing time for the form is determined by the USCIS processing center and cannot be expedited. However, you can check the current processing times for your local USCIS office to get an estimated timeline for when you can expect a decision on your application.
11. Is it possible to receive advanced parole while my Form I-485 is in process?
Yes, you may be eligible to receive advanced parole while your Form I-485 is in process. However, you must prove to the USCIS that you meet the criteria for advanced parole. Additionally, you may be required to submit additional evidence that supports your eligibility for advance parole.
12. What are some common reasons why the processing times for Form I-485 can be delayed?
Common reasons for Form I-485 processing delays include:
1. Incomplete or incorrect forms.
2. Not submitting all the required documents and paperwork.
3. Background checks or security checks have not been completed.
4. A technical error or backlog in processing your application.
5. Unsatisfactory medical exams or other examinations.
6. An insufficient number of immigration officers available to process your application.
7. Your application being selected for additional review or investigation.
8. You failing to respond to a request for evidence or an adjudication inquiry within the allotted time frame.
9. You failed to pay the required fee or payment was not received on time.
10. You failed to notify the USCIS of a change in your address or other contact information.
13. How do processing times vary between paper and online applications for Form I-485?
The processing time for a paper application for Form I-485 is typically longer than the processing time for an online application. Additionally, processing times may vary depending on the field office or service center processing your application and their current caseload. It is important to check the USCIS website or contact a local field office to get an estimate of the current processing times.
14. What is the process for filing a complaint with USCIS about long processing times?
The best way to file a complaint with USCIS regarding long processing times is to contact the National Customer Service Center (NCSC). You can call them at 1-800-375-5283, or email them at [email protected] with your case details and complaint. You can also visit the USCIS Contact Center page on their website at https://www.uscis.gov/about-us/contact-us/ to find the correct phone number for your local office. Once you have contacted the NCSC, they will provide you with case specific information and assistance.
15. What documents should I submit with my application to ensure a smooth processing time for Form I-485?
The documents that should be submitted with a Form I-485 are:
1. A completed Form I-485, Application to Register Permanent Residence or Adjust Status
2. Two passport-style photographs
3. A copy of your birth certificate
4. Evidence of your current immigration status or other valid entry documents
5. Evidence of any name change, such as a marriage certificate
6. A copy of your form I-94, if applicable
7. Proof of employment authorization, if any
8. A copy of your medical examination results
9. Evidence of any criminal history, if any
10. Proof of any financial support and/or other forms of financial evidence necessary for the application
11. Other additional forms as requested by USCIS
16. Are there any steps that can be taken to prevent USCIS from denying my Form I-485 application due to long processing times?
Unfortunately, there is no way to guarantee approval of any application, but there are some steps you can take to improve the chances of a successful outcome:
1. Make sure your application is complete and accurate. Provide all the required documents and explain in detail why you are eligible for the benefit you are applying for.
2. Respond promptly to all requests for additional evidence or information, and provide additional evidence to support your case if requested.
3. Check your status online regularly and follow up as needed.
4. File any needed appeals or motions, if applicable.
5. Contact your elected representatives and ask them to intervene on your behalf if there is an unreasonable delay in processing your application.
17. Is there any way to reduce the wait time between filing and approval of my Form I-485?
Unfortunately, no. The wait time for processing Form I-485 is determined by the amount of applications that have been received at the time of filing, USCIS workloads, and other factors that are out of your control. However, you can check the USCIS website for an estimated processing time for Form I-485 applications.
18. How long will I have to wait until my form I-485 application is processed and approved?
The timeline for processing an I-485 application varies based on the individual circumstances. Generally, the processing time is determined by how many applications the USCIS is currently processing, the workload of the Service Center where your application was filed, and the current availability of the necessary supporting documents. Currently, USCIS is processing I-485 applications filed before May 20, 2019.
19. How will USCIS decide which cases will have priority processing when filing Form I-485?
USCIS will prioritize the processing of Form I-485 applications based on the following criteria:
1. Cases involving members of the armed forces or their spouses or children;
2. Cases involving individuals with approved Form I-140 petitions;
3. Cases involving individuals who are eligible for adjustment of status under Section 245(i);
4. Cases involving certain specialized groups, such as refugees, asylum seekers, and other humanitarian cases;
5. Cases involving individuals who are present in the United States pursuant to certain prior immigration court orders;
6. Cases involving individuals with approved Family-Based First Preference petitions; and
7. Cases involving individuals who are already in removal proceedings or who have received notice to appear in court for removal proceedings.
20. Is there any way to acquire temporary work authorization while my Form I-485 is in process?
Yes, you may be eligible to apply for a work permit (Employment Authorization Document, or EAD) while your Form I-485 is pending. Be sure to review the instructions for Form I-765 (Application for Employment Authorization) for more information on eligibility and how to apply.