[^ 10] Initial EAD validity period starts the day of adjudication of Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (Form I-687). [2] 1. If applicable, an officer must take special priority dateandvisa classification rules into consideration when determining visa availability. L. 85-316 (PDF), as amended,8 CFR 245.3,INA 101(a)(15)(A)(i)-(ii)andINA 101(a)(15)(G)(i)-(ii). USCIS conducts background checks on all applicants for adjustment of status to enhance national security and protect the integrity of the immigration process by ensuring that USCIS grants lawful permanent resident status only to those applicants eligible for the requested benefit. USCIS' Processing of Concurrently Pending Forms N-400 and Forms - DHS [6] Although there are no appeal rights for the denial of an INA 245(i) adjustment application, the applicant may file a motion to reopen or reconsider. Immigration: I-485 Adjustment of Status and FAQ In this case, the adjustment applicant may not need to repeat the medical exam in the United States or may only need to undergo the vaccination assessment. [28] In certain situations, an immigrant investor who is the beneficiary of an employment-based petition filed under the 5th preference may also rely on the priority date of an earlier petition when filing an amendment of that petition.[29]. Employment-based I-485 cases are often adjudicated without interviews. An applicant may withdraw Form I-765 at any time before USCIS makes a final decision on the application. Good luck. While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including no priority date retention based on an approved Form I-526. ALERT:On June 22, 2021, the U.S. District Court for the Northern District of California, inBehring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated theEB-5 Immigrant Investor Program Modernization Final Rule (PDF). The applicant typically alertsthe officerof the intention to use the benefit of an earlierpriority date by including an approval notice for the previous petition in the adjustment application packet. [^ 44] Includes two groups of applicants who may be eligible for employment authorization; an applicant who filed an Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA) (Form I-881) and the application remains pending with the asylum office or with Executive Office for Immigration Review (EOIR), and an applicant who filed for suspension of deportation or cancellation of removal directly with EOIR. [8], If the principal beneficiary becomes a permanent resident and loses his or her permanent resident status or naturalizes prior to the derivatives adjustment, the derivative is no longer eligible for the classification as an accompanying or following-to-join family member. Apparently this young guy has come across some pretty aggressive characters on the phone. This review may include Child Status Protection Act (CSPA)[6]age calculations to confirm that the applicant remains a child by definition. USCIS service request was raised as my case (H1B petition for 2018) was outside normal processing time. If the adjustment application has been pendingfor180 daysor more, the applicant maybeeligible foradjustmentportability. Allotherwise approvableemployment-based and family-based cases located at a USCIS field office that do not have a visa available at the time of adjudication must be transferred to the appropriate USCIS office or Service Center once the case has been adjudicated up to the point of final adjudication. You should receive a notice of action* within 45 days. Overall, 3,677,495 cases were adjudicated by USCIS in Q1 and Q2 . These include: Adjustment applicants in T or U nonimmigrant status; Applicants under Section 13 or the Act of September 11, 1957 (Public Law 85-316); and. Applications with national security concerns require specific handling in accordance with USCIS policy and procedures. Frequently Asked Questions | Homeland Security - DHS I just want to get a poll from others and see how long before they got a notice of action (no matter what the decision was) after placing the same inquiry with USCIS. What does this mean : Your case is currently being adjudicated. You may inquire about your case status without a receipt number. This is called visa retrogression,whichoccurs when more people apply for a visa in a particular category than there are visas available for that month. The officer should consider the totality of the circumstances to determine whether an articulable link exists between the applicant (or organization)and prior, current, or planned involvement in, or association with an activity,anyapplicant (or organization)described in any of these sections. Hence, my advice you don't frustrate yourself by actually calling these guys. A derivative using the principals country of chargeability may adjust status with the principal or at any time thereafter. Below is a summary of what we found and how the issue has been or may be resolved. USCIS email - We have taken action on your case. Does this mean my expedite request was approved - VisaJourney If you are within 'normal processing time' anything you do is a total waste of energy. See9 FAM 503.3-2(D), Priority Date for Derivative Spouse/Child. Thisincludesapplicants who areimmediate relatives. You can check the status via CEAC portal or phone. If you are successful, your petition will be adjudicated much faster than the current processing time. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Numerically Limited Visa Preference Category, Relevant Visa Bulletin Chart at Time of Filing, Relevant Visa Bulletin Chart at Time of Final Adjudication, See Visa Bulletin in effect at the time the adjustment application was filed to determine which chart controls, (Dates for FilingFamily-Sponsored Visa ApplicationsOR Application Final Action Dates for Family-Sponsored Preference Caseschart), Application Final Action Dates for Family-Sponsored Preference Caseschart that is current at the time the application is approved, Employment-Based Preference Categories (including Special Immigrant-Based Categories), (Dates for FilingEmployment-Based Visa ApplicationsOR Application Final Action Dates for Employment-Based Preference Caseschart), Application Final Action Dates for Employment-Based Preference Caseschart that is current at the time the application is approved. [^ 17]Some adjustment programs that are otherwise different from general adjustment include: the Cuban Adjustment Act,Pub. An applicant may also renew the adjustment application in any subsequent removal proceedings.[7]. The instructions for Form I-864 provide detailed information about who is required to submit an Affidavit of Support. A notice of intent to revoke (NOIR)[67] is necessary upon a determination that: The statement of material facts contained in the application was not true and correct; The applicant violated the terms and conditions of the approved application; The basis for the EAD is no longer valid;[68] or. What does it mean: Your case is currently being adjudicated. You - Avvo and our After placing an inquiry online on 4/4 with USCIS after 6 months of waiting for my NOA2,I got this email today: Your case is currently being adjudicated. A .gov website belongs to an official government organization in the United States. Don't try and connect with a Tier 2 officer like many on this website would suggest (I fell for that gag T2s are absolutely useless). This chapter provides steps that should be used as a general guideline for file review when determining if an applicant is eligible for adjustment of status: General Guidelines for Adjudication ofAdjustment of Status Application, Determine if favorablediscretion is warranted(if applicable). This does not include immediate family members. While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019. [^ 72] For more information on automatic EAD extension requirements, see 4.4 Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances in the USCIS Handbook for Employers M-274. Looking for U.S. government information and services? The action on your case can be anything like . The following situations are examples of when applicants are eligible for cross-chargeability: Derivative spouses visa to the principal applicants country of chargeability, Principal applicants visa to the derivative spouses country of chargeability, Available for principal applicant and derivative spouse, Derivative childs visa to either parents more favorable country of chargeability, Processing Requests for Cross-Chargeability. Accompany and follow to join are terms of art and not defined within the INA. [^ 67]SeeINA 212(a)(3)(A)(i)(I)andINA 237(a)(4)(A). How do I check USCIS processing times? - Sound Immigration Case assigned to an adjudicating officer - Immigration Significant USCIS Lockbox Delays in Processing of Receipt Notices DOS generally considers the derivative spouse or child to be accompanying the principal when issued an immigrant visa or adjusting status within six months of the date DOS issues a visa to the principal or the date the principal adjusts status in the United States. The derivative child of a principal beneficiary may be accorded the same priority date and classification as the principal provided that: The derivative child was acquired prior to the time the principal either adjusted status or was admitted to the United States as an LPR; The child continues to qualify as a child under the statutory definition (unmarried and under 21 years old)[40]or otherwise under the provisions of the CSPA, if applicable;[41]and, Theprincipal remains in LPR status at the time the derivative adjusts status. As a matter of procedure, any underlying petition is typically ordered prior to any interview and before final adjudication ofForm I-485. You should receive a response with 45 days More Ask a lawyer - it's free! A visa queue (waiting list or backlog) forms when the demand is higher than the supply of visas for a given year in any category or country. In practice, cross-chargeability is used where the preference quota category is backlogged for one spouses country of chargeability but is current for the other spouses country of chargeability. IfForm I-693is required, the officer should carefully review the form to ensure it is properly completed and that the results of the immigration medical examination documented on the form are still valid for adjustment purposes. Renewal of the employment authorization is not to exceed the recommendation from the DSO or the F-1 students program end date. FORGET YOUR STINKING PASSWORD !!! The beneficiary has already used the petition to immigrate. However, your case is currently under review by an officer. H4 EAD expedited process completed but no response It takes 15 minutes to process an advance parole document and 12 minutes to adjudicate an EAD. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part R - Abandonment of Lawful Permanent Residence, Technical Update - Replacing the Term Alien, Technical Update - Incorporating Existing Guidance into the Policy Manual, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, Technical Update - Replacing the Term Foreign National, To protect your privacy, please do not include any personal information in your feedback. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Immigrant visa numbers for family-based and employment-based immigrant preference categories as well as the Diversity Visa program are limited, so they are not always immediately available. If theVisa Bulletin showsUin a category, thismeans that immigrant visa numbers are temporarilyunavailableto all applicants in that particular preference category and country of birth (or country of chargeability). [^ 64]SeeINA 212(a)(4)(E)(iii).