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.

USCIS Released November 2022 (Unofficial) – U Visa and T Visa

Answer: USCIS tries to prioritize quality and tries to find the balance between quality and efficiency. We’re trying to work into the backlog as much as possible while maintaining that balance. USCIS is considering new operations efficiencies and ways to improve processing times, including adding more adjudicators. Since the last stakeholder meeting in March, VSC and NSC have trained 50 new officers to conduct bona fide determinations (BFDs) and waitlist reviews. When the BFD guidance was implemented, USCIS began reviewing the cases with the oldest receipts first. In the first year of the BFD process, USCIS conducted almost 42,000 BFD reviews; of those, nearly 30,000principals and 12,000 derivatives have received BFDs. USCIS referred 7,300 principals and 6,300derivatives to waitlist review.

Also, if you look at the I-918 website, if a petitioner or derivative has a pending 918/918A and they haven’t already submitted the I-765, then they can do so at the address in instructions without waiting for the BFD. This is a way we can streamline adjudications and improve processing times

Receipts cannot be issued until the fee waiver is adjudicated because the rejection notice encompasses all the possible reasons for rejection, including fee waiver denial. Staff attrition has affected receipt processing and fee waiver review. USCIS has hired additional staff and training is ongoing.

 Both service centers train staff on processing receipts and fee waiver requests to eliminate the backlog as quickly as possible. The centers have significantly reduced their backlogs since our March engagement. Receipts are currently issued within 60 days of filing.

 We have been coordinating with the Department of State, and this is something we will internally consider and determine if this is something we can request from them.

SCIS has coordinated with CBP on this issue. CBP is aware and says they are working on a policy to ensure that I-94s are printed upon arrival for T & U nonimmigrants admitted at a POE. Please note that CBP cannot print I-94s for applicants who were approved while in the United States. Nor can individuals who arrived in a non-T or U class of admission obtain their I-94 on the public I-94website after receiving T or U nonimmigrant status because they fall under 8 USC § 1367.