I360 was approved 9 months ago, waiting for I 485 | Lawfully (2023)

FAQs

How long does it take to get I-485 after I-360 approved? ›

You can expect the total I-485 processing time to be at least 8 to 14 months. It may take four to six weeks for USCIS to accept your application and send you a confirmation receipt. You then will receive notice of your biometrics appointment, which you must attend.

After a Form I-360 petition is approved, the self-petitioner may apply for adjustment of status until his or her priority date is current. Battered spouses or children in the immediate relative category will be able to apply for adjustment of status as soon as the Form I-360 is approved.

Form I-485 Timeline

The processing time for Form I-485 for family-based applications is currently 14-26 months.

Approximately 8 to 14 Months After Filing.

As we've mentioned above, you could wait for anything between 1 month and 24 months for your interview to be scheduled. These times are not guaranteed in any way, however. So, if there is a long delay at your field office, it could even take even longer.

With your receipt number, you can check the status of your case on www. uscis.gov and also register on our Web site for automatic case status updates while we process your case. Processing Times: Applications are processed by visa preference category in the order they are received.

For Green Card applications made under asylum laws or the Violence Against Women Act (VAWA), the interviewer's goal is to make sure you need a Green Card to receive the safety and protection you claim you need in your application.

With this court ruling however, I-360 applications may now submit an I-485 adjustment of status application concurrently.

Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.

A properly filed pending I-485 allows you to remain in the U.S. but a period of authorized stay. This is different than lawful immigrant/nonimmigrant status but it is authorized and thus no illegal presence accrues.

How do I expedite 485 processing? ›

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. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).

Case types with a specific date are back-logged, and USCIS will only accept Form I-485 for individuals with a priority date on or before that date listed in the chart. If their priority date is not on or before the date listed, they must wait before filing Form I-485, and should check the Visa Bulletin each month.

Many factors may affect how long it takes USCIS to complete an application, petition or request, such as the number of applications, petitions, or requests we receive, workload and staffing allocations, the time a benefit requestor takes responding to a request for more information, as well as policy and operational ...

Some statistics suggest that as many as 11% of Form I-485 applications are rejected. A poorly prepared application can also delay the approval process and even create significant immigration problems.

Most adjustment of status cases require that the foreign national maintain lawful immigration status until the date that the I-485, Application to Adjust Status is filed. If a foreign national has failed to maintain lawful immigration status, his/her application will be denied at the adjustment of status interview.

It is highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it does occasionally happen. To properly explain this, we must first clear up a common misconception.

Form I-485 (Application to Register Permanent Residence or Adjust Status) is one of the most sought-after forms at the United States Citizenship and Immigration Services. Applicants pursuing to adjust status must be aware that interviews are a standard part of the process.

File the I-485, Adjustment of Status Petition

While actually processing the form takes an average of six months, there is an annual limit to the number of green cards available to each country.

Be aware that USCIS updates its average processing times once a month.

Among all field centers, the fastest one is usually the Nebraska Center, but the wait times change all the time, and it perhaps will not be the fastest one when you make your application.

How long does it take to get a green card after VAWA approval? ›

Now that USCIS has approved your VAWA green card, you should wait to receive your official notice of approval or welcome by mail. After that, you will receive your actual green card by mail. The processing time can be 30–60 days after seeing “Case Approved.”

(70 % or 6,412 petitions approved and 30% or 2,712 petitions denied).

Form I-360 VAWA processing times vary depending on different factors, but typically, it ranges from 18 to 24 months. Under limited circumstances, USCIS can expedite your VAWA request if you have submitted a request for expedited processing based on emergency situations.

Prima Facie Determination means that the immigration agency has received an application for VAWA. We use the I-360 form which is a form that we use to look at case types, but that's what we use for VAWA. In a VAWA case, there are requirements to qualify or to pass the post office screening of all packages.

The prima facie determination notice is issued when a self-petitioner files supporting evidence to meet each of the eligibility requirements for the VAWA self- petition. The prima facie determination notice clearly states that the notice may be used to assist VAWA self-petitioners in receiving public benefits.

USCIS will not interview you about your VAWA self-petition and there is no court date so you will not have to testify about the abuse. USCIS will decide whether to grant your self-petition based on the written evidence that you submit.

Does USCIS Check Marriage Records? To ensure that a marriage between a United States citizen and a non-U.S. citizen or two non-U.S. citizens is valid, USCIS will first examine the marriage certificate that the couple submits with their green card application.

You need to show USCIS serious joint documents to prove the marriage, which includes filing joint tax returns as “married”, joint kids' birth certificates listing the US citizen spouse as a parent, joint bills, joint leases, joint car insurance policies, joint credit cards and joint bank statements, trips together, ...

If you remarry before the approval of a VAWA petition, it will be denied. Remarriage after approval will not invalidate the petition or grant.

The first three letters of your receipt number will tell you the exact service center that takes care of your application. Other than that, you can simply check out the list of application/petition types and the offices that process them, as well as which centers have jurisdiction over your state.

Can you move while I-485 is pending? ›

Can you travel during this period? Generally speaking, adjustment applications will need to obtain an advance parole document in order to travel outside the U.S. while their Form I-485 (the application for a Green Card, or adjustment of status) is pending.

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending. As an F-1 student, you could potentially drop out of school.

Buzzword: Urgent Humanitarian Reason

Humanitarian can arise from the fact that someone is outside the United States and they are particularly vulnerable because of: Age; Gender; Disability/Pregnancy; or. Living circumstances.

As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.

Marriage to U.S. Citizen

This is the fastest way to immigrate. Typically, the process lasts from six to nine months, after which a temporary Green Card is received. Within the next two years, you must contact the USCIS again with proof of the validity of the marriage.

USCIS recommends all applicants try checking their status online before calling because wait times can be long for the USCIS Contact Center. If you aren't able to check your status online and you need to call USCIS to check the status of your application, you can call the USCIS Contact Center at 1-800-375-5283.

Application by multiple applicants: If you are applying solo, then the visa application process won't take much time. However, if there are other family members as well who are applying for Subclass 485 Visa, then the process may take a little longer.

If your case is transferred to the National Benefits Center (MSC) or Potomac Service Center (YSC), it will probably get a decision within 1 to 3 months. Other service centers' processing may last longer, the median time is about 3 or 4 months, but the exact time for the majority varies from 1 to 8 months.

You can expect the total I-485 processing time to be at least 8 to 14 months. It may take four to six weeks for USCIS to accept your application and send you a confirmation receipt. You then will receive notice of your biometrics appointment, which you must attend.

If all of the requirements are met, and an immigrant visa is allocated by the Department of State (DOS), the Form I-485 is approved. Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card.

Can immigration judge approved 485? ›

Once USCIS approves the I-130, the immigration judge will accept and make a decision on Form I-485, Application to Adjust Status or Register Permanent Residence. When reviewing the I-485, the immigration judge may apply special rules for people adjusting status in court rather than through USCIS.

Form I-485 Timeline

The processing time for Form I-485 for family-based applications is currently 14-26 months.

Just because the government denies an immigration petition does not mean it was the right decision. In some cases, the denial was improper. But rather than start over with another application, applicants have the right to sue the government and challenge the denial.

After you receive the welcome notice, you should receive your Green Card in the mail sometime in the next 30 days. Altogether, that means you should receive your Green Card within 60 days of your approval for permanent resident status.

If you are the spouse of a U.S. citizen, you can combine these two steps into one and file the I-360 and the I-485 together, or "concurrently," without waiting for USCIS to approve the I-360 first.

After your adjustment of status (I-485) petition is approved, you (and your dependents who applied with you) need to go to the nearby U.S. Citizenship and Immigration Services (USCIS) local office to get your passport stamped.

Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.

If you live outside the U.S., you cannot file Form I-485, Application to Register Permanent Residence or Adjust Status, either concurrently or after we approve your Form I-360. Instead, you may apply for an immigrant visa at a U.S. Consulate if we approve your Form I-360.

File the I-485, Adjustment of Status Petition

While actually processing the form takes an average of six months, there is an annual limit to the number of green cards available to each country.

Most adjustment of status cases require that the foreign national maintain lawful immigration status until the date that the I-485, Application to Adjust Status is filed. If a foreign national has failed to maintain lawful immigration status, his/her application will be denied at the adjustment of status interview.

Is USCIS approving I-485 without interview? ›

It is highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it does occasionally happen. To properly explain this, we must first clear up a common misconception.

A person who has filed for an I-485 and who uses an EAD will lose valid non-immigrant status. An F-1 student or H-1B visa holder who does this will be considered to be in I-485 pending status and out of F-1 or H-1B status. If the I-485 is denied, then the applicant cannot remain in the U.S. and will have to leave.

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. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).

There are no restrictions on domestic travel before Form I-485 is approved. However, travel abroad can affect your pending application and your immigration status. Always check with your transportation carrier to ensure you bring the appropriate identification.

When to File I-485 Application. In most cases, you must wait until I-130 approval before filing an I-485 application. However, there are two exceptions to this rule: Current filing is allowed for all immediate relatives of U.S. citizens because there is an unlimited number of visas for this group; and.