Kevin Keane

Immigration Information you can use

  • Increase font size
  • Default font size
  • Decrease font size
Processing Times
How long will it take to process the paperwork?

I filed (or will file) an I-485 for my minor child. My child is about to turn 18 or 21 before the I-485 is likely to be approved. What can I do?

Print

This situation is known as "Aging Out". Thankfully, a recent change to the law - the Child Status Protection Act or CSPA - reduced this problem substantially. Unfortunately, the new rules are very complex.

You should discuss the situation with a lawyer. Also, contact USCIS about six months before the birthday and request expedited processing. Finally, you can ask your local Congressperson for assistance.

The general idea of the Child Status Protection Act is that you can subtract the time that INS/USCIS took to process your petition from the child's age. For instance, if you filed an I-130 in the Family 2A category for a minor child of a Green Card Holder, then look at how long it took for the I-130 to be approved. Let's say that USCIS took three years and four months. In that case, your child would be considered to be "under 21" for I-485 purposes until four months after his 24th birthday.

Today, USCIS is actually helping you here; they deliberately delay processing of I-130 applications until shortly before the priority date is current. They do that to reduce their own workload, but a secondary consideration was the benefit to you; it also maximizes the amount of age-out protection you are getting through the CSPA. This is one example for my philosophy that on balance USCIS is not your enemy (they are not your friend, either).

Last Updated on Wednesday, 04 March 2009 04:54
 

I filed an I-130 for my immediate relative (spouse, minor child or parent of a US citizen) by itself. It is taking a very long time. Will it be faster to file it together with an I-485?

Print
Possibly. At the very least, the relatives would benefit from having an I-485 already filed while they are waiting. Do be aware that taking such a step may have other drawbacks. In particular, the original priority date may be lost for many purposes. This can be particularly important in the case of minor children that are at risk of aging out. Discuss the best strategy with your immigration attorney.
 

The processing time on my receipt notice is very different from the times available on the USCIS Web site. Which should I trust?

Print

Trust the times from USCIS Web site. The times on the receipt notice are little more reliable than random numbers. There are several reasons for this. First, these numbers are stored somewhere in USCIS' computer system and don't get updated all that often. Second, the processing time for a certain form can sometimes vary greatly with a number of factors. However, the receipt notice will only have room for one number.

Examples for this second factor are H-1B petitions (that can be accelerated or halted by factors such as premium processing and the quota) and I-130. Family-based I-130 petitions are used for immediate relatives as well as for quota-based family categories. USCIS will assign a very low priority to quota-based cases because the quota means that a long processing time does not further hurt the applicant, but process immediate relatives with high priority because an immediate relative would be eligible to immigrate immediately.

 

Can I find out how long USCIS takes for my type of case?

Print
It is impossible to predict reliably. USCIS does release processing times. These times are "backward-looking" though. People who file right now may see very different processing times.
 



Sponsored Links