Frequently Ask Questions

I-130 or Immigrant Visas:

  1. Answer: Once your I-130 is approved, your case is transferred from USCIS, DHS to the Department of State (DOS).
  2. You need to follow Visa Bulletins issued by the Department of State (DOS) every month to check if visas in your category are available. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-july-2022.html
  3. Once your Visa category is current, National Visa Center (NVC) of DOS will notify you to pay your fees and proceed.
  4. For example
    • US Citizen parent filed for married daughter/son. This is category F-3.
    • Check Visa Bulletin Family sponsored cases in Chart A.
    • You need to see the date your I-130 was filed. That is your ‘Priority Date’
    • If your Priority date is earlier than the date on the Visa bulletin in F-3 category, it means your visa is current and case will move forward.

U Visa:

i. Follow Case processing times at https://bcalawfirm.com/case-processing-times-once-petition-filed/

ii. The limit on the number of U visas that may be granted to
principal petitioners each year is 10,000. The number of U applications
far exceeds this amount. Under current backlogged case processing times,
applicants face a multi-year wait for U visa adjudication, and then
additional time before a U visa can be issued to them due to the cap.

iii. While waiting for a U visa to become available, Applicants are
generally placed on a lengthy waitlist (unless they get BFD) after their
petition has been preliminarily reviewed and found approvable.

a. Nothing. Being a Victim based case, USCIS applies confidentiality/protection to some cases and appears to forget others.

b. Follow Case processing times at https://bcalawfirm.com/case-processing-times-once-petition-filed/

Work Permits:

a. It is either simple luck or by fluke. It happens in 1 in 1,000 cases probably.

b. Or, the categories (what is the Work permit based on) could be different

Advance Parole (Travel Permits):

  a.  A: Technically yes, you can. But if it is based on an Adjustment of status application based on approved U Visa status, you should not stay for more than 60-70 days outside the United States until your Green Card is granted.

  b.  If it is based on a pending adjustment of status based on an Immediate relative or Family preference petition or employment-based petition, again, you can travel but there are restrictions based on your case background. It is best to consult an attorney for it.

How to Check my Court Hearing Date:

  1. Google – EOIR Automated Case Information or EOIR Case Status
  2. Click on EOIR Automated Case Information
  3. Enter your A# and hit Submit.
  4. Your Date or Case status will come up

How to Check My Case Processing Times Once My Petition is Filed With USCIS, DHS:

a. Once your petition is filed, for your case status:

b. Visit Google and type USCIS Case processing times

c. Select your Case Type such as I-485 or I-918 or I-129 or whatever it is

d. Select the Service Center – found at the bottom of your Receipt Notice, for example:

e. Select the Service Center and Case type such as I-485 based on Immediate Relative or Employment, for example:

     i.10.5 Months to 19 Months Employment-Based adjustment applications – September 23, 2020

     ii.25 Months to 52 Months Based on grant of asylum more than 1 year ago – December 20, 20

     iii. Or I-765 – 8.5 Months to 12.5 Months Based on being an L-2 spouse of an L-1 nonimmigrant [(a)(18)] April 16, 2021

f. You can see what USCIS is currently working on. Compare it to when yours was filed, example:

Just follow this for an estimate of when your case can be decided by USCIS.

EB-5

Yes. According to a Stay order by the U.S. District Court for the
Northern District of California on June 24, 2022, all pre-authorized
Regional Centers *remain valid and are eligible to sponsor new EB-5
investors (and file Form I-526 petitions) *

The LPR (Lawful Permanent resident/Green Card Holder) should come back
within 6 months. If they are sick or something unexpected beyond control
happens, come back in under 11 months. Otherwise, she must apply for a
reentry permit while in the USA, get fingerprinted, then leave. In that
case, she can stay for 2 years.

Yes and Yes. I-90 Receipt Notice I-797 states that it, in combination with the expired Green Card serves as proof of temporary Green Card for 12 months. After that, please get an I-551 Stamp on passport through Infopass appointment to travel and work.