how to expedite my case with uscis i-130 with lawyer

by Prof. Carlie Fahey IV 3 min read

Contact the USCIS' National Customer Service Center. If you have already filed an I-130 petition, call 800-375-5283. The NCSIC will create a service request and give your expedition request to the office that is handling your petition.

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.Mar 21, 2022

Full Answer

Can I expedite my case with USCIS?

USCIS will (hopefully) agree to expedite the case. For applications that are completed in one step (EAD, Advance Parole, Refugee Travel Document), you should receive a decision in the case and–if all goes well–the requested document.

Can I file an I-130 petition if there is no international office?

Answer: If USCIS has an international field office OR if there is no international field office and you have an exceptional circumstance; you may be permitted to file your I-130 petition.

When to grant or deny an expedite request from USCIS?

The decision to grant or deny an expedite request is within the sole discretion of USCIS. [1] On or after June 9, 2021, [2] USCIS may expedite a benefit request if it falls under one or more of the following criteria or circumstance:

How to file an expedited appeal with the Board of Immigration Appeals?

A cover letter clearly marked “EXPEDITE REQUEST”; and Documentary evidence supporting the request for expedited processing of the appeal. Requests for expedited processing of appeals filed with the Board of Immigration Appeals (BIA) should follow the BIA expeditious handling procedures.

How long does it take to expedite i130?

1-2 monthsThere is no way to know how soon this will happen, but the expedited approval of I-130 typically takes 1-2 months altogether from the time of filing. Once the USCIS approves the I-130, they will send the case to the National Visa Center (NVC).

Does USCIS approve expedite request?

In general, anyone can submit an expedite request to USCIS, but it is up to USCIS to consider that request or not. USCIS considers all expedite requests on a case by case basis. They look at the documentation supporting the expedite request and use their discretion to consider a case for expedite processing.

How can I speed up my petition?

1. Submit an expedited request. One of the first things you can do to speed up your immigration case is to ask the United States Citizenship and Immigration Services (USCIS) for an expedited request. However, you must be able to prove you have a compelling reason to make such a request.

Can a lawyer expedite green card?

A US immigration lawyer will field immigration expedite requests routinely.

Can immigration lawyer speed up process?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.

How can I speed up my i-130?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

How long does I-130 take to get approved 2021?

5 to 9 monthMost Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.

How long does I-130 take to get approved 2022?

I130 application for US citizen's spouse green card is taking 3 to 10 months at Texas service center.

Which Uscis office is the fastest?

The most efficient U.S. Citizenship and Immigration Services field office is also stated to be in Cleveland. The USCIS office efficiency is reflected in the highest backlog completion of 71.3%, and the nation's shortest average processing time, which is only four months. Almost nobody waited longer than 12.3 months.

Can lawyer expedite a USCIS case?

If you need expedited processing, you should always work with an experienced immigration immigration lawyer in Los Angeles who can help you send in a written request that makes the strongest possible case on your behalf.

Can you expedite I 130 petition?

4. Can I expedite processing for Form I-130? Premium Processing isn't available for I-130 petitions, but you can send a special request to USCIS if you want to expedite processing for Form I-130. USCIS will usually only consider the request if there are urgent humanitarian or U.S. government interests.

How can I get my green card faster than 90 days?

There are several quick ways to achieve that goal.Marriage to U.S. Citizen. This is the fastest way to immigrate. ... Immigration through family reunification. ... Political Asylum in the USA. ... Immigration of extraordinary ability people. ... Investment immigration.

Why is USCIS reluctant to expedite a request?

But the USCIS is extremely reluctant to grant expedite requests, because everyone has their own reason or justification for wanting their case approved faster. Usually USCIS thinks it’s unfair to move anyone to the front of the line, just because they came up with a better excuse or reason. You need to demonstrate and document some extremely critical, out of the ordinary emergency to even have a chance. And of course, I would never guarantee anyone that just because they submit an expedite request, USCIS will be granting it.

What does expedite mean in USCIS?

Once an expedite request is submitted to USCIS, it may ask for additional evidence and documents to support expedited processing. If you’re lucky enough to get the expedite request approved, it does not mean your actual case is being approved. It simply means the USCIS will take your case out of order and put it to the front of the line and issue a decision faster than the posted processing times.

Can you get expedited USCIS?

For anyone with a pending petition or application, the delays in processing their case at USCIS can be frustrating and can cause tremendous disruption, and unnecessary separation of family members. If this applies to you, you’re not alone. The USCIS has a process or procedure to request your case to be expedited. In this article, I will discuss what types of cases could be eligible for expedited treatment and how to make the request to expedite.

Does USCIS consider expedite requests?

First, the USCIS will consider expedite request only if it meets certain criteria or circumstances:

Can you get expedited processing if you have a work authorization?

However, the USCIS notes that even if your situation fits one of these categories, it may not warrant expedited processing. For example, if the person wants to expedite a work authorization or student status, that, standing alone, “without any evidence of other compelling factors, does not warrant expedited treatment.” This is likely because everyone wants a work authorization. Therefore, everyone would claim they’re entitled to expedited processing.

Where can I file an I-130?

Petitioners are permitted to file an I-130 with an international USCIS office if the petitioner lives in a country where USCIS has an international field office.

How long does it take to get an I-130?

Filing and I-130 petition with USCIS can take several months to be processed, whereas filing and I-30 petition with the US consulate where USCIS has an international field office may take only weeks to be processed; thus expediting your immigration matter greatly.

When will the USCIS final rule be released?

Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020.

What is USCIS policy manual?

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding services USCIS provides to the public, including general administration of certain immigration benefits, online tools, and up-to-date information.

What does "alien" mean in the policy manual?

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101 (a) (3)

Does USCIS consider expedite requests?

USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS. [1]

Who handles expedited removal?

Expedited processing of benefit requests for noncitizens with final orders of removal or noncitizens in removal proceedings is coordinated between USCIS and U.S. Immigration and Customs Enforcement (ICE). [7]

Does USCIS provide justification for expedite requests?

To increase efficiency in the review and processing of expedite requests, USCIS does not provide justification or otherwise respond regarding decisions on expedite requests. USCIS provides more information on how to make an expedite request on the How to Make an Expedite Request webpage.

Can a nonprofit petitioner request a benefit expedited?

However, a petitioner that is designated as a nonprofit organization by the IRS acting in furtherance of the cultural and social interests of the United States may request that the benefit it seeks be expedited without a fee, even if premium processing is available for that benefit.

How to contact USCIS about expediting application?

If you have already filed your application and now seek to expedite, the best approach is to call USCIS at 800-375-5283 (they also have a TTY line at 800-767-1833). To make this call, you will need the receipt number for your application. It is not so easy to reach a real person, but once you do, USCIS will create a service request and forwarded it to the appropriate office. After that, USCIS may request additional evidence in support of your request.

What does it mean when USCIS denies an expedite request?

If USCIS denies the expedite request, it does not mean that they will deny the application. It only means that they will not reach a decision in an expedited time-frame (conversely, just because USCIS agrees to expedite a case does not mean that they will approve the application).

What to do if USCIS has made a clear error?

Finally, if USCIS has made a clear error, you can ask them to expedite a case to correct the error, or maybe even a subsequent case that has been delayed due to the previous error.

What does it mean to ask USCIS to do you a favor?

This basically means that you are asking USCIS to do you a favor (expedite), and if they refuse, there is usually not much to be done.

What does USCIS mean by severe financial loss?

USCIS indicates that “severe financial loss to a company,” means that the company is at risk of failure. For an EAD, you would want to show an equivalent level of difficulty for the individual. Maybe the person will become homeless or be unable to cover medical bills.

What does USCIS mean?

Clear USCIS error. USCIS indicates that “severe financial loss to a company,” means that the company is at risk of failure.

Why expedite a case?

If you can link your case to a “compelling U.S. government interest,” that could be another reason to expedite. Maybe you are involved with U.S. national security work, for example, and you need to expedite on that basis.

What to do when immigration is not completed?

When an immigration case is not completed within a certain, expected period of time, you may contact USCIS to try and speed things up. Again, the best thing to do is to get a professional to handle the process. Experienced immigration lawyers know how to get things accomplished. Thousands of times before, we have done it. We can try to resolve the reason for the delays. This can help.

Is USCIS still processing premiums?

U.S. Citizenship and Immigration Services (USCIS) offer a Premium Processing Service. While it was suspended for a while, premium processing is back in some cases in 2019. For $1410 above regular fees, certain employment based cases may be expedited by filling out an 1-907.

Namita Agarwal

Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice.

Donald Edward Smith

You can request USCIS expedite processing of your immigrant visa petition. You can find instructions regarding how to make the request at https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.