How Long Does It Take Uscis To Review A Case I-130?
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Form I-130 Processing Times – The processing time for your I-130 petition will depend on the family relationship and where you apply from. How long does the I-130 petition process take? For immediate relatives (spouse or unmarried child) of a U.S. green card holder (legal permanent resident) living abroad, processing times for Form I-130 currently vary between 17-33 months.
- For those living in the U.S., the processing time is currently 13.5-23.5 months.
- For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S.
- Citizen living abroad, the wait times for Form I-130 are currently between 13-15 months,
- For those living in the U.S., the processing time is currently 13.5-23.5,
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How long does I-130 take to get approved 2023?
Wait Times for Green Cards – Using USCIS historic processing times data, you can see the trend line for your type of application to obtain a green card. Importantly, USCIS uses Fiscal Years (FY), which run from October 1 of the prior year through September 30 of the year described.
For instance, FY 2023 would run from October 1, 2022 to September 30, 2023. Form I-130 (officially called the “Petition for Alien Relative”): The current wait time for Form I-130 is 12.4 months, Form I-485 (“Application for Adjustment of Status”): Family-based green card applications (in other words, immediate relatives or spouses of a U.S.
citizen) for applicants filing from within the United States average 11.7 months, Form I-131 (“Application for Travel Document – Advance Parole”): Applications for advance parole are currently taking 15.3 months to process. Form I-765 (“Application for Employment Authorization Document”): The timeline for work permit applications is currently 5.7 months.
How long does it take for a USCIS case to be reviewed?
How Long does USCIS Have to Actively Review a Case? – It takes approximately 120 days for USCIS to actively review a case. The agency may require additional time to complete its review if any documents are missing. In these instances, USCIS can put a case on hold until it receives any missing documents.
- Eep in mind that USCIS adjudicates over 28,000 requests for immigration benefits every day.
- The agency does its best to process cases with speed and precision.
- It is most important for USCIS to review cases carefully, and the agency may take many hours to complete a full review.
- USCIS workloads vary, which can impact how long it takes the agency to review a case.
If USCIS has a backlog of cases, this may result in delays in its reviews. Also, USCIS tends to process cases that yield immediate benefits faster than all others.
How can I speed up my I-130 processing time?
In General – You may ask USCIS to expedite adjudication of a benefit request (such as an application or petition) for an immigration benefit. USCIS:
Considers all expedite requests on a case-by-case basis; May require additional documentation to support a request; and Has the sole discretion to decide whether to accommodate a request.
Because granting an expedite request means that USCIS would adjudicate the requestor’s benefit ahead of others who filed earlier, we carefully weigh the urgency and merit of each expedite request. We may consider an expedite request if it meets one or more of the following criteria or circumstances:
Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
Timely file the benefit request, or Timely respond to any requests for additional evidence;
A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment.
In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.
Emergencies and urgent humanitarian reasons;
In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time.
An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Additionally, an expedite request may be considered under this criterion in instances where a vulnerable person’s safety may be compromised due to a breach of confidentiality if there is a delay in processing the benefit application.
A benefit requestor’s desire to travel for vacation does not, in general, meet the definition of an emergency.
Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;
A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests).
Examples may include a medical professional urgently needed for medical research related to a specific social U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program.
Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone.
U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or
U.S. government interests may include, but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests. For expedite requests made by a federal agency, involving other public safety or national security interests, the national interest need must be immediate and substantive.
If the need for the action is not immediate, expedited processing is not warranted. A substantive need does not mean that a delay would pose existential or irreversible consequences to the national interests but rather that the case at hand is of a scale or a uniqueness that requires immediate action to prevent real and serious harm to U.S.
interests. Expedite requests from government agencies (federal, state, or local) must be made by a senior-level official of that agency. If the request relates to employment authorization, the request must demonstrate that the need for a person to be employment-authorized is mission-critical and goes beyond a general need to retain a particular worker or person.
Clear USCIS error.
Not every circumstance that fits in one of these categories will result in expedited processing. For more information, see USCIS Policy Manual, Volume 1, Part A, Public Services, Chapter 5, Requests to Expedite Applications or Petitions, 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). The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number. When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition.
After receiving the service request, the reviewing office may request additional documentation to support expedited processing. A decision on an expedite request is not an approval or a denial of the underlying benefit request. The expedite decision simply informs the requestor whether USCIS will take the benefit request out of date order and issue a decision (approval or denial) faster than the normal processing time.
Will USCIS speed up in 2023?
Updates on USCIS Processing Times | Catholic Legal Immigration Network, Inc. (CLINIC) In 2021, Secretary of the Department of Homeland Security Alejandro Mayorkas promised that U.S. Citizenship and Immigration Services, or USCIS, will focus on improving case processing, as there were significant backlogs that prevented immigrants from receiving benefits they had applied for.
- In 2022, we began to see some progress with processing times for the I-360 petitions that were filed and pending adjudication for several months.
- In the first few months of 2023, we have continued to see improvements in processing times for many petitions and applications.
- For example, the current processing time for the I-129 petition is approximately 2 months.
While not all I-129 petitions are adjudicated within this time frame, at least 80 percent of cases are being approved within the listed processing times, according to the USCIS website. We are certainly encouraged by this listed processing time. Processing times for the I-360 petition have also improved and are approximately 19 months.
- Although, this may seem like a very long time, we have received decisions on these cases sooner than the listed processing times, which is certainly encouraging.
- The processing times for the I-485 application, I-765 application and I-131 application vary depending on where the case is pending.
- The I-485 application and its associated applications can be filed in either the Phoenix Lockbox, Elgin Lockbox, Chicago Lockbox, or the Dallas Lockbox.
Once the I-485 application and associated applications are received, the lockbox staff will generate a receipt notice, assign the case to the appropriate service center and forward the case file for further review and adjudication to the service center.
- There are a total of five service centers: the California, Nebraska, Potomac, Texas and Vermont service centers.
- It is important to continue to check the processing times of the pending applications if the applications are transferred and assigned to a new service center, as each service center has its own processing time.
Please see below a breakdown of the processing times for the Texas, Nebraska, and California service centers, as they typically review and adjudicate the I-485 application, I-765 application, and I-131 application:
Service Center | Time for I-485 | Time for I-765 | Time for I-131 |
---|---|---|---|
Texas | 31.5 months | 15 months | 16.5 months |
Nebraska | 12.5 months | 15.5 months | 13.5 months |
California | 29 months | 21 months | 14 months |
Overall, we have seen some progress in the adjudication of the I-765 application for the employment authorization document, which on average takes a few months to be adjudicated, but the processing times and adjudication the for the I-485 application for the green cards continues to be quite lengthy.
- If you are interested in checking the processing times for a pending immigration application or petition, please click on this link:,
- Processing times are subject to change and should be checked frequently.
- Interested in checking your case status? To check your case status please click on this link: and insert your receipt number, which can be found on the upper left-hand side of the receipt notice.
Please contact your RIS attorney if you have any questions about the processing times for your pending application or petition or case status. : Updates on USCIS Processing Times | Catholic Legal Immigration Network, Inc. (CLINIC)
What is next when you USCIS Form I-130 get approved?
Alert: If you are filing Form I-130 on behalf of your Afghan national relative whose country of birth in Part 4, Item 7, is not Afghanistan, please write “OAW” at the top of your Form I-130 to be considered for a fee exemption that is effective through Sept.30, 2023.
- For those petitioners that wish to be considered for the fee exemption and whose Afghan national relative was not born in Afghanistan, you cannot submit your petition online.
- You must complete a paper version of Form I-130 (PDF, 689.95 KB) and follow the instructions for filing the Form I-130 by mail (paper).
Use this form if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card). Submitting Form I-130, Petition for Alien Relative is the first step in helping an eligible relative apply to immigrate to the United States and get a Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.
- We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States.
- Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card).
- If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status,
Certain relatives must wait until a visa number is available before they can apply for either a Form I-485 (to adjust their status if they are in the United States) or for a visa (if they are outside the United States). If your relative qualifies as an immediate relative, however, an immigrant visa is always available.
- If your relative is already in the United States but is not eligible to get their Green Card by filing Form I-485, either because a visa is not immediately available or for another reason, they may apply for an immigrant visa with the U.S.
- Department of State at the U.S.
- Embassy or consulate in their country.
For more information on eligibility and process for applying for a Green Card, please visit our Green Card Eligibility Categories page. When completing Form I-130, please make sure that you (as the petitioner) select only 1 option when indicating that the beneficiary intends to apply for adjustment of status inside the United States or will pursue visa processing abroad.
If the Form I-130 is still pending with us and you want to change your selection (to either consular processing abroad or adjust status in the United States), you may contact the USCIS Contact Center and request a change. If you want to change your selection after we have already approved the form, you may need to file Form I-824, Application for Action on an Approved Application or Petition,
How to Report Suspected Marriage Fraud: We encourage you to report suspected immigration benefit fraud and abuse, including marriage fraud. For more information, please visit our Reporting Fraud page. Help for victims of abuse If you are the spouse, child, or parent of a U.S.
How do you know when USCIS approves your case?
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.
What does it mean USCIS is reviewing your case?
Introduction – When you’re waiting for USCIS to review your H1B petition, it’s easy to let the stress of the situation take control. After all, your life and livelihood in the United States is at stake. To make matters more challenging, much of the paperwork and correspondence is handled by your prospective employer, leaving you out of the loop.
- In this case, receiving a USCIS status update that says “correspondence was received and USCIS is reviewing it” is nothing to worry about.
- It simply means that the case manager requested additional information from your employer, USCIS received evidence in response to the query, and the case manager is currently reviewing the new information.
If you’re curious about the correspondence in question, you can reach out to your employer for clarification. It’s perfectly normal for USCIS to request additional evidence to support your petition. However, if your case status indicates that USCIS has made several requests for additional information, or if your case is taking longer than normal, you should discuss your case with an attorney,
What is the priority date for I 130?
1. Determine your Priority Date. This is the date that your approved Form I-130 was filed. This date appears on the Form I-797 that USCIS issued to your petitioner when the Form I-130 was approved (refer to the ‘Receipt Date’).
Why is my i 130 taking so long 2023?
USCIS Processing Times – Why 2023 Will Be Faster and Easier! Immigration to the U.S. isn’t exactly quick and easy, but processing times may be improving in 2023! But before we can talk about what changes the agency will go through to speed things up, it’s worth understanding how USCIS processing times grew so long over the last few years.
- Sources of the Slowdown Statistics show that the Trump administration enacted new policies that expanded USCIS processing times.
- These policies included making immigration application forms longer, requiring more in-person interviews, asking for additional evidence more frequently, and requiring a higher level of scrutiny for renewal applications.
Despite the added requirements, the number of immigrants that applied to become U.S. citizens actually increased. Some policy analysts say the anti-immigrant rhetoric of the Trump-era led more people to seek security in their citizenship status. The combination of more people applying and slower processing due to added requirements created the perfect storm, causing the USCIS backlog to nearly double.
- According to a report from the Government Accountability Office, the USCIS backlog increased by 85% between 2015 and 2020.
- The onset of the coronavirus pandemic in 2020 slowed the USCIS’s snail’s pace down to a total standstill.
- On March 20, 2020, the Department of State suspended routine visa services at embassies and consulates worldwide, canceling all immigrant and nonimmigrant visa appointments.
To be fair, these closures and cancellations were necessary in the face of a deadly, global pandemic, but it’s hard to deny the impact this had on immigrants, families, and businesses. Importantly, the COVID-19 pandemic also revealed some of the USCIS’s organizational inefficiencies.
- For example, the USCIS is funded almost entirely by application fees.
- This meant that when immigration filings dropped by 40% between March and May 2020, the agency’s cash flow was drastically reduced.
- The USCIS warned employees about a potential furlough (twice!), making it even harder to address the backlog.
Luckily, furloughs were avoided, and USCIS operations resumed. But social distancing practices slowed adjudications even as rates of applications continued to increase. By the end of 2021, the USCIS had adjudicated 1.8 million fewer applications than it received.
How long will I-130 be approved?
Form I-130 Processing Time What Happens After Filing Form I-130, Petition for Alien Relative If you are helping a family member immigrate to the United States, you’ll file, to establish a qualifying relationship and reserve an immigrant visa (green card).
- If properly filed, U.S.
- Citizenship and Immigration Services (USCIS) will initially respond by mailing you a receipt notice that confirms receipt of your petition.
- Formally known as Form I-797C, Notice of Action (see example below), the receipt notice typically arrives 2 to 4 weeks after filing.
- If you did not properly file your Form I-130, USCIS will send a Notice of Action to reject the petition.
A rejection will significantly delay your request and overall I-130 processing time. Thus, it’s important to prepare the immigrant visa petition package correctly and submit all required supporting documents. Save your I-130 receipt notice. It contains your 10-digit receipt number. You can use this receipt number to, If you didn’t receive a Notice of Action, you can make a, At this point, USCIS may begin reviewing your petition. It’s very helpful to understand the difference between and categories as well as how that will affect your petition.
- Immigration law defines immediate relatives as the spouse, unmarried children (under age 21) and parents of a U.S. citizen.
- They are given priority.
- More accurately, there is no numerical limit on immigrant visas for immediate relatives.
- Therefore, the wait time is much shorter.
- USCIS will begin reviewing immediate relative petitions as soon as possible.
However, family preference categories generally have a wait time. Therefore, there is no urgency to process these petitions as an immigrant visa typically is not immediately available. During the processing period, USCIS could deny your petition at any time if they’ve determined that you haven’t established eligibility.
Likewise, they may issue a at any point if they need additional evidence to confirm your eligibility. The graph below illustrates median processing times (in months) for the previous 10 fiscal years. There’s been a fairly steady increase in the time it takes USCIS to process immigrant visa petitions. With more demanding requirements and an increasingly complex form, USCIS is struggling to keep I-130 processing times within their desired range.
Again, the number of immigrant visas (green cards) issued to immediate relatives of U.S. citizens is unlimited. Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 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.
- If you are outside the U.S., USCIS will forward your case to the (NVC) to begin consular processing.
- The NVC will advise you when it’s time to submit the visa application and other supporting documents.
- Remember, immediate relatives are the spouses, unmarried children (under 21) and parents of U.S. citizens.
This is a select group of immigrants with unlimited visas. All other types of relationships are considered family preference categories and generally take longer to approve and become current. There is a numerical limit on the number of immigrant visas issued to family preference category immigrants each year.
- The length of the wait depends on the specific category and the date the petition was filed.
- This is called your priority date.
- Therefore, it’s very important to understand that even if USCIS approves Form I-130, you may not get an immigrant visa number immediately.
- In some categories, it can take several years before the priority date is current.
USCIS may approve the petition in as little as 6 months for the F2A category (usually much longer for other categories), but you will still need to wait for a visa to become available before the immigrant visa (green card) application can be submitted to the U.S.
- Consulate.
- Using your priority date, you can check the status of the State Department’s Visa Bulletin.
- The graph below shows the number of open cases at the end of each fiscal year.
- There is an unprecedented number of I-130 cases in the backlog.
- If unaddressed by USCIS, more backlog can contribute to longer processing times for future petitioners.
Under current U.S. immigration law, Congress limits the number of family preference green cards that may be granted each year. Thus, the annual quota (numerical limit) on each category combined with limits for each country can create very significant waits for some categories.
IR | Immediate Relative: Spouse, unmarried children (under 21 years old), and parents of U.S. citizens | No numerical limit | None 1 | |
F1 | Family Preference: Unmarried sons and daughters (21 years of age or older) of U.S. citizens | 23,400 | 7-9 years 2 | |
F2 | Family Preference: Spouse, sons and daughters of lawful permanent residents | 114,200 | ||
F2A: Spouse and minor children (under 21 years old) | None 3 | |||
F2B: Unmarried sons and daughters (21 or older) | 6-8 years | |||
F3 | Family Preference: Married sons and daughters of U.S. citizens | 23,400 | 14-15 years 2 | |
F4 | Family Preference: Brothers and sisters of U.S. citizens | 65,000 | 15-16 years 2 |
1 There is no quota for the immediate relative visa category, but it may take 6-12 months for USCIS to approve Form I-130 and transition to the embassy.2 Some countries like China, India, Mexico and Philippines may have significantly longer wait times.3 This category is presently “current.” However, it may take 6-12 months for USCIS to approve Form I-130 and transition to the embassy.
An I-130 approval does not give the beneficiary lawful status in the United States. It clears the way to apply for permanent residence (green card). There are additional steps on the path to permanent residence. After USCIS approves Form I-130, see what’s next. Within each category, USCIS processes the I-130 petition on a first-come, first-served basis.
Therefore, it is important to get onto this wait list early by establishing a priority date. It is extremely important that the petitioner file a well-prepared Form I-130 package that is free of errors and inconsistencies. After filing, the approval process can take anywhere from 6 to 12 months for immediate relatives and could take several years for family preference categories.
This is an approximation. It may be shorter for some and longer for others. Don’t forget — you can with your receipt number. The USCIS website also lists for an I-130 petition. If you believe that your case is outside the normal I-130 processing time, you can make a, Most I-130 petitions are denied or approved within Our goal is to help your family member get a green card.
And our customers generally experience some of the best I-130 processing times because of our approach. Our objective is to help you prepare a petition that exceeds the minimum requirements and is sufficiently documented to avoid RFEs and denials. Our system was designed by experienced attorneys.
We’re going to ask you a few questions to make sure you’re eligible and preparing the correct form. | ||
Our software will guide you through the I-130 petition using simple step-by-step instructions. | ||
Once you’re completely satisfied, you’ll be able to print your I-130 and customized filing instructions. |
Learn more about CitizenPath’s : Form I-130 Processing Time
Does I-130 require an interview?
All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. The decision to waive the interview should be made on a case-by-case basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment.
For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. In addition, derivatives are also required to appear regardless of the filing category. During the interview, the officer verifies that the applicant understood the questions on the application and provides the applicant with an opportunity to revise any answers completed incorrectly or that have changed since filing the application.
Any unanswered questions or incomplete answers on the application are resolved at the interview. If information is added or revised, the applicant should re-sign and date the application at the conclusion of the interview.
Can I come to the US while I-130 is pending?
Second Condition: You must honor the authorized period of stay – A Visa and Visa Waiver has a maximum number of days in which someone is “authorized” to stay in the US. Similarly, a Visa and Visa Waiver has a minimum amount of time one MUST WAIT ABROAD after visiting the US.
How do I check my I-130 status?
If you filed an immigration application or petition with the U.S. Citizenship and Immigration Services (USCIS), you can check the progress of your case online or by phone. Online: Use the case status online tool to check for updates about your immigration case.
You will need your 13-character receipt number from your application or petition. Check your immigration case status By phone: If you are calling from the U.S., contact the USCIS National Customer Service Center at 1-800-375-5283 or TTY 1-800-767-1833. If you are outside the U.S., call 212-620-3418 or contact a USCIS international field office,
LAST UPDATED: May 8, 2023
How long does it take to process the i30 in 2023?
Form I-130 Processing Time What Happens After Filing Form I-130, Petition for Alien Relative If you are helping a family member immigrate to the United States, you’ll file, to establish a qualifying relationship and reserve an immigrant visa (green card).
- If properly filed, U.S.
- Citizenship and Immigration Services (USCIS) will initially respond by mailing you a receipt notice that confirms receipt of your petition.
- Formally known as Form I-797C, Notice of Action (see example below), the receipt notice typically arrives 2 to 4 weeks after filing.
- If you did not properly file your Form I-130, USCIS will send a Notice of Action to reject the petition.
A rejection will significantly delay your request and overall I-130 processing time. Thus, it’s important to prepare the immigrant visa petition package correctly and submit all required supporting documents. Save your I-130 receipt notice. It contains your 10-digit receipt number. You can use this receipt number to, If you didn’t receive a Notice of Action, you can make a, At this point, USCIS may begin reviewing your petition. It’s very helpful to understand the difference between and categories as well as how that will affect your petition.
Immigration law defines immediate relatives as the spouse, unmarried children (under age 21) and parents of a U.S. citizen. They are given priority. More accurately, there is no numerical limit on immigrant visas for immediate relatives. Therefore, the wait time is much shorter. USCIS will begin reviewing immediate relative petitions as soon as possible.
However, family preference categories generally have a wait time. Therefore, there is no urgency to process these petitions as an immigrant visa typically is not immediately available. During the processing period, USCIS could deny your petition at any time if they’ve determined that you haven’t established eligibility.
- Likewise, they may issue a at any point if they need additional evidence to confirm your eligibility.
- The graph below illustrates median processing times (in months) for the previous 10 fiscal years.
- There’s been a fairly steady increase in the time it takes USCIS to process immigrant visa petitions.
- With more demanding requirements and an increasingly complex form, USCIS is struggling to keep I-130 processing times within their desired range.
Again, the number of immigrant visas (green cards) issued to immediate relatives of U.S. citizens is unlimited. Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 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.
If you are outside the U.S., USCIS will forward your case to the (NVC) to begin consular processing. The NVC will advise you when it’s time to submit the visa application and other supporting documents. Remember, immediate relatives are the spouses, unmarried children (under 21) and parents of U.S. citizens.
This is a select group of immigrants with unlimited visas. All other types of relationships are considered family preference categories and generally take longer to approve and become current. There is a numerical limit on the number of immigrant visas issued to family preference category immigrants each year.
- The length of the wait depends on the specific category and the date the petition was filed.
- This is called your priority date.
- Therefore, it’s very important to understand that even if USCIS approves Form I-130, you may not get an immigrant visa number immediately.
- In some categories, it can take several years before the priority date is current.
USCIS may approve the petition in as little as 6 months for the F2A category (usually much longer for other categories), but you will still need to wait for a visa to become available before the immigrant visa (green card) application can be submitted to the U.S.
- Consulate.
- Using your priority date, you can check the status of the State Department’s Visa Bulletin.
- The graph below shows the number of open cases at the end of each fiscal year.
- There is an unprecedented number of I-130 cases in the backlog.
- If unaddressed by USCIS, more backlog can contribute to longer processing times for future petitioners.
Under current U.S. immigration law, Congress limits the number of family preference green cards that may be granted each year. Thus, the annual quota (numerical limit) on each category combined with limits for each country can create very significant waits for some categories.
IR | Immediate Relative: Spouse, unmarried children (under 21 years old), and parents of U.S. citizens | No numerical limit | None 1 | |
F1 | Family Preference: Unmarried sons and daughters (21 years of age or older) of U.S. citizens | 23,400 | 7-9 years 2 | |
F2 | Family Preference: Spouse, sons and daughters of lawful permanent residents | 114,200 | ||
F2A: Spouse and minor children (under 21 years old) | None 3 | |||
F2B: Unmarried sons and daughters (21 or older) | 6-8 years | |||
F3 | Family Preference: Married sons and daughters of U.S. citizens | 23,400 | 14-15 years 2 | |
F4 | Family Preference: Brothers and sisters of U.S. citizens | 65,000 | 15-16 years 2 |
1 There is no quota for the immediate relative visa category, but it may take 6-12 months for USCIS to approve Form I-130 and transition to the embassy.2 Some countries like China, India, Mexico and Philippines may have significantly longer wait times.3 This category is presently “current.” However, it may take 6-12 months for USCIS to approve Form I-130 and transition to the embassy.
An I-130 approval does not give the beneficiary lawful status in the United States. It clears the way to apply for permanent residence (green card). There are additional steps on the path to permanent residence. After USCIS approves Form I-130, see what’s next. Within each category, USCIS processes the I-130 petition on a first-come, first-served basis.
Therefore, it is important to get onto this wait list early by establishing a priority date. It is extremely important that the petitioner file a well-prepared Form I-130 package that is free of errors and inconsistencies. After filing, the approval process can take anywhere from 6 to 12 months for immediate relatives and could take several years for family preference categories.
- This is an approximation.
- It may be shorter for some and longer for others.
- Don’t forget — you can with your receipt number.
- The USCIS website also lists for an I-130 petition.
- If you believe that your case is outside the normal I-130 processing time, you can make a,
- Most I-130 petitions are denied or approved within Our goal is to help your family member get a green card.
And our customers generally experience some of the best I-130 processing times because of our approach. Our objective is to help you prepare a petition that exceeds the minimum requirements and is sufficiently documented to avoid RFEs and denials. Our system was designed by experienced attorneys.
We’re going to ask you a few questions to make sure you’re eligible and preparing the correct form. | ||
Our software will guide you through the I-130 petition using simple step-by-step instructions. | ||
Once you’re completely satisfied, you’ll be able to print your I-130 and customized filing instructions. |
Learn more about CitizenPath’s : Form I-130 Processing Time
How long does it take to process I-130 for spouse 2023?
For a spouse of a U.S. citizen, the average processing time for Form I-130 in 2023 takes between 12 and 16 months. Spouses of U.S. citizens are considered immediate relatives.
How long does it take to get a green card 2023?
How Long Does it Take to Get a Green Card? – It takes 7 to 33 months to process a Green Card application. The Green Card processing time depends on the type of Green Card you are applying for, the location of the processing office and other factors.
Family Preference Green Cards processing takes from 1 to 10 years depending on the wait time and yearly caps. Employment Based Green Cards processing could be from 1 year for visas that have a low demand to 4 or 6 years for visas with very high demand.
How long does it take to get a green card in 2023?
In this video, attorney Jacob Sapochnick answers one of your most frequently asked questions: how long is it currently taking for the U.S. Citizenship and Immigration Services (USCIS) to adjudicate marriage-based adjustment of status applications (green cards) in May of 2023? If you would like to know the answer to this question, please keep on watching! Did You Know? USCIS processing times vary depending on the workload of the Field Office and/or Service Center where the I-130/485 applications are being adjudicated.
USCIS reports the processing times of each Field Office and Service Center directly on its website, including time estimates of how long it took the agency to process 80% of adjudicated cases over the past 6 months. However, USCIS cautions that each case is unique, and some cases may take longer than others to be adjudicated.
Due to this, processing times should be used as a reference point, not an absolute measure of how long your case will take to be completed. Additionally, remember to consider the processing time of your local USCIS Field Office, where you will eventually be called to appear for an in-person interview before an immigration officer to prove that you have a bona fide marriage, and meet all other requirements for a green card.
California Service Center (CSC) Nebraska Service Center (NSC) Potomac Service Center (PSC) Texas Service Center (TSC) Vermont Service Center (VSC) National Benefits Center (NBC)
How do I know which Service Center is processing my I-130 petition? The first three letters of your receipt number, as it appears on your Form I-130 and/or Form I-485 receipt notice, will indicate which Service Center is processing your petition. Your I-130/485 receipt notices are mailed to you approximately 2-4 weeks after filing your applications with USCIS.
EAC, Vermont Service Center VSC, Vermont Service Center WAC, California Service Center CSC, California Service Center LIN, Nebraska Service Center NSC, Nebraska Service Center SRC, Texas Service Center TSC, Texas Service Center MSC, National Benefits Center NBC, National Benefits Center IOE, ELIS (e-Filing) YSC, Potomac Service Center
At a Glance Average Processing Times of Form I-130, Petition for Alien Relative
If you are a U.S. Citizen filing Form I-130 for a spouse, it is taking about 15 to 18 months on average for USCIS to process these petitions as of May of 2023. If you are a lawful permanent resident (green card holder) filing Form I-130 for a spouse inside the United States, it is taking about 25 to 28 months on average to process these petitions as of May of 2023.
Note: Before a foreign spouse in the F2A visa category can file Form I-485 Application to Register Permanent Residence or Adjust Status, his or her priority date must be current on the Visa Bulletin, during the month in which he or she seeks to file the application with USCIS. If your priority date is not current on the Visa Bulletin, you are not eligible to file Form I-485.
Average Processing Times of Form I-485 Application to Register Permanent Residence or Adjust Status Processing times of marriage-based I-485 adjustment of status applications will depend on the workload of the local field office where you will eventually be called to attend an in-person interview before an immigration officer to prove that you maintain a bona fide marriage and are otherwise eligible to receive permanent residence.
The average processing time for Form I-485 is approximately 20 to 22 months on average for all field offices. The fastest I-485 processing time is in St. Louis, Missouri, which is taking about 12 months on average. The slowest I-485 processing time is in Salt Lake City, Utah, which is taking about 45 months on average. The majority of I-485 processing times fall somewhere between 12 months to 45 months.
Form I-130 Petition for Alien Relative, Processing Times by Service Center Average Form I-130 Processing Time by Service Center
California Service Center: 15 months on average. Nebraska Service Center: 14 months on average. Potomac Service Center: 16 months on average. Texas Service Center: 13 months on average. Vermont Service Center: 14 months on average.
Work and Travel Permits Adjustment of Status applicants may file Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, along with their Form I-485 Application to Register Permanent Residence or Adjust Status, for no additional filing fee.
- In the past 6 months, work permits (also known as Employment Authorization Documents – EADS) were taking up to a year or longer to be processed by USCIS.
- Recently, we have seen that USCIS is speeding up processing, with some clients receiving their work permits as soon as 4 to 5 months after filing.
- How long will it to take for my adjustment of status application to be processed by USCIS from start to finish? I-485 Adjustment of Status applicants residing inside of the United States, can expect to wait anywhere from 11 months to 27 months for their green card applications to be processed.
However, actual processing times may vary depending on a number of different factors, including but not limited to: the service center processing your application, your local field office, the complexity of your case, whether a Request for Evidence will be issued for your case, whether an in-person interview is required, etc.
In some limited cases, we have seen USCIS waive the in-person interview requirement for certain adjustment of status applicants. Such individuals have been able to receive their green cards within 4 to 6 months after filing their cases. However, the average processing times provided above are still the norm for most green card applicants.
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USCIS Processing Times I-485, Application to Register Permanent Residence or Adjust Status I-130, Petition for Alien Relative U.S. Embassies and Consulates April Visa Bulletin Chats with Charlie YouTube Channel Immigrant Visa Backlog Report DOS Visa Services Operating Status Update ImmigrationLawyerBlog ImmigrationU Membership Success stories Youtube channel
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