News & Insights

1. Normal Processing Timeline for Concurrent Filings

• Timeline for Concurrently Filed I-130 and I-485 Applications:
  • The timeline varies depending on:
    • USCIS Service Center or Field Office Workload: Processing times differ by location. You can check current processing times for both forms on the USCIS Processing Times page.
    • Case Complexity: Additional background checks, missing documentation, or interview requirements can extend the timeline.
• Typical Processing Times for Family-Based Adjustment of Status Cases:
  • I-130 Processing: 7–14 months.
  • I-485 Processing: 8–24 months.
• Case Status:
  • Since your priority date (PD) is July 2022, your case may still fall within normal processing times.

2. Steps to Take If Your Case Is Delayed

• Check Your Case Status Online:
  • Use the receipt numbers from your I-130 and I-485 Notices of Action (Form I-797C) to check the status of your case on the USCIS Case Status Tool.
  • If your case is within processing times, continue monitoring for updates.
• Submit a Case Inquiry:
  • If your case is outside normal processing times, submit a service request through the USCIS Case Inquiry page.
  • USCIS will respond with an update or instructions if additional action is required.
• Confirm the Status of the Required Medical Examination (I-693):
  • If you did not submit Form I-693 (Report of Medical Examination and Vaccination Record) with your I-485 application, USCIS will likely issue a Request for Evidence (RFE) before making a final decision.
  • Proactively completing your medical exam and preparing to submit it can reduce delays.
• Expedite Your Case (If Eligible):
  • You may request expedited processing if you meet specific criteria, such as:
  • Severe financial loss.
  • Urgent humanitarian reasons.
  • Clear USCIS error.
  • Submit an expedite request by contacting the USCIS Contact Center or your local field office.
• Contact Your Attorney:
  • Your attorney can submit inquiries or advocate for your case, ensuring all required steps are completed.
  • Trust their guidance as they have direct access to your case details.
• Consider a Writ of Mandamus:
  • If your case remains delayed beyond reasonable processing times, consult your attorney about filing a Writ of Mandamus.
  • This legal action compels USCIS to act on your case. While rare, it can be effective for extreme delays.

3. Why Your Case Might Be Delayed

• Backlog at USCIS:
  • Some service centers and field offices experience delays due to high caseloads.
  • Cases requiring interviews may face longer timelines.
• Missing or Incomplete Documentation:
  • USCIS may delay processing if they identify missing or incomplete information in your forms.
• Background and Security Checks:
  • If USCIS requires additional security or background checks, this can extend processing time.
• Pending Interview Requirement:
  • Marriage-based adjustment of status applications often require interviews.
  • USCIS may delay scheduling depending on local field office availability.

4. Next Steps and Resources

• Key Actions You Can Take:
  • Monitor Your Case:
    • Regularly check the status of your I-130 and I-485 applications using the USCIS online tools.
  • Stay Prepared:
    • Ensure you have all supporting documents ready for any RFEs or your interview, including:
      • Proof of bona fide marriage (photos, joint accounts, shared leases).
      • Completed Form I-693 (if not submitted initially).
  • Contact Your Attorney:
    • Work with your attorney to ensure timely follow-ups with USCIS.
    • Consider further actions like a Writ of Mandamus if necessary.