It takes 15 minutes to process an advance parole document and 12 minutes to adjudicate an EAD. What does this mean : Your case is currently being adjudicated. See U Nonimmigrant Status Bona Fide Determination Process FAQs. This content has been superseded by the current version available in the Guidance tab. Visa retrogressiongenerallyoccurs when the annual limitfor a category or countryhas beenused up or is expected to be used up soon. I didnt see a better option for me and felt it was due. Once I was told that my case was pre-adjudicated and waiting for availability of a visa number. On 01/08/2020, you or your representative contacted USCIS concerning your I-765 to notify us that you were requesting an expedited review of your case. Login Signup. As with all INA 245(a) adjustment cases, a visa must be available at the time of final adjudication. [6] Although there are no appeal rights for the denial of an INA 245(i) adjustment application, the applicant may file a motion to reopen or reconsider. Determine that the applicant is admissible to the United States or is eligible for a waiver of inadmissibility or other form of relief. In addition, USCIS adjudicated 2 7.02% more employment- based cases in the first half of FY2020 and 14.00% more family -based cases in Q1 and Q2 . See8 CFR 103.2(b)(1). USCIS service request was raised as my case (H1B petition for 2018) was outside normal processing time. Once you set up your USCIS account, login and click on the "Menu" option in the top right hand corner. So 5 days later they send me that email. Citizenship and Immigration Services (USCIS) records show that your case is currently pending adjudication. Priority Dates for Family-Sponsored Preference Cases. In addition, some applicants who entered without inspection or are otherwise subject to adjustment bars may still be eligible to adjust status under the provisions ofINA 245(i). After placing an inquiry online on 4/4 with USCIS after 6 months of waiting for my NOA2, I got this email today: Your case is currently being adjudicated. Your case is currently in line for processing and adjudication. Below are additional categories of noncitizens who are exempt from numerical restrictions and may file an adjustment of status application at any time or during the time period allowed by the applicable provision of law, provided they are otherwise eligible:[13], Persons adjusting status based on refugee or asylee status;[14], Persons adjusting status based on T nonimmigrant (human trafficking victim) status;[15]. For example, if you recently moved, make sure your current physical and mailing address is listed on your DACA renewal form. Sometimes a priority date that is current one monthwill not becurrent the next month, or the cut-off date will move backwards to an earlier date. However, your case is currently under review by an officer. Generally, the same applies to Form I-765 renewal requests. The following situations are examples of when applicants are eligible for cross-chargeability: Derivative spouses visa to the principal applicants country of chargeability, Principal applicants visa to the derivative spouses country of chargeability, Available for principal applicant and derivative spouse, Derivative childs visa to either parents more favorable country of chargeability, Processing Requests for Cross-Chargeability. The officer should consider the totality of the circumstances to determine whether an articulable link exists between the applicant (or organization)and prior, current, or planned involvement in, or association with an activity,anyapplicant (or organization)described in any of these sections. Determine that an immigrant visa is immediately available for the applicants underlying immigrant category.[4]. See Section 431(b) of PRWORA,Pub. See Chapter 7, Child Status Protection Act [7 USCIS-PM A.7]. L. 106-554 (PDF), 114 Stat. USCIS also reviews the application to determine the applicants identity, current immigration status, and employment authorization eligibility category. The Immigration and Nationality Act (INA) limits the number of immigrant visas that may be issued to noncitizens seeking to become U.S. permanent residents each year. This may apply in cases wherethe child still qualifies as a child once the legal custody and joint residence requirements are met. Applicants in theemployment-based 1st, 2nd,and 3rd preference categories may not retain a priority date from an earlier approved petition to support a subsequent petition, if USCIS revoked the approval of the earlier petition because: the petition was approved in error,DOLrevoked the labor certification associated with the petition, USCIS or DOS invalidated the labor certification associated with the petition, or due to fraud or the willful misrepresentation of a material fact. The I-751 Waiver can then be used to upgrade a conditional 2-year green card to a standard 10-year green card if lovers can prove they have a real, bonafied marriage to the USCIS officer. [^ 61] This covers the eligibility category for employment authorization based on a grant of deferred action. Congress gave immigration priority to immediate relative immigrants, defined as: The children (unmarried and under 21 years of age) of U.S. citizens; The parents of U.S. citizens at least 21 years old; and, Widows or widowers of U.S. citizens if the spouse files a petition within 2 years of the citizens death.[12]. Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole. It was assigned as soon as my sent my inquiry. I did make twice inquiry. The officer must provide the applicant a written reason for the denial. Determine that the applicant merits the favorable exercise of discretion. Log in Now Regulatory Resources Law Links Adviser's Manual 360 NAFSA Regulatory Engagement Citizenship and Immigration Services. [^ 71]SeeINA 212(a)(3)(F)andINA 237(a)(4)(B). [50]As such,the officershould approve both adjustment applications at the same time. Not daily. Both categories are further divided into several sub-categories, each of which receives a certain percentage of the overall visa numbers as prescribed by law. The status of this service request is:On 04/11/2016, you or your representative contacted USCIS concerning your I129F to notify us that you believe your case is outside of our normal processing time. Your case is currently being adjudicated. Applicants requesting a name change at the time of adjustment need to submit one of the following civil-issued documents: Legal name change decree - lists former and new legal name; Marriage certificate - lists maiden name/last name of spouse; Divorce decree - shows restoration of maiden name; or If a derivative U nonimmigrant seeks to obtain an EAD as evidence of employment authorization, the derivative may file Form I-765, with the appropriate fee or request for a fee waiver. If an officer encounters a case in which a visa was available at time of filing but is not available at time of final adjudication, the case should be retained, pre-processed, and adjudicated up to the point of final approval. Visas are available for a prospective immigrant when the immigrants priority date is earlier than the cut-off date shown in the relevant Visa Bulletin chart for his or her preference category and country of birth (and chargeability). You need to be a member in order to leave a comment. RD : April 2020 Application : i539 + i765, New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. You can check the status via CEAC portal or phone. If a copy of a tax return is submitted, then copies of W-2s or 1099s must also be submitted. Official websites use .gov The following table provides more information on how the officer should use the Visa Bulletin. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. For more information on SSR, see Volume 2, Nonimmigrants, Part F, Students (F, M), Chapter 6, Employment, Section C, Severe Economic Hardship Due to Emergent Circumstances [2 USCIS-PM F.6(C)]. Documents that establish a qualifying pending or approved application, such as a Notice of Action (Form I-797). Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. USCIS email - We have taken action on your case. It means that your application is currently being reviewed and that the USCIS and that they expect to make a decision within 15 days 1 rt1012 reacted to this Share this post. There would be internal agency metrics keeping track of the service enquires and requiring the closure of each enquire within 45days , but the closing of an enquirydoesnot mean they must actually do something with the application.. just have responded to the service request. 2681, 2681-538 (October 21, 1998); dependent status under HRIFA for Battered Spouses and Children, Section 1511 of VTVPA,Pub. [^ 42]For instance, the principal beneficiary did not lose LPR status or did not naturalize, thereby removing the principals ability to confer LPR status to the derivative. Immigrant visa numbers for family-based and employment-based immigrant preference categories as well as the Diversity Visa program are limited, so they are not always immediately available. **Post moved from K1 Process to Progress Reports. If an applicant appeals an unfavorable decision from an application for relief from removal from the immigration judge (IJ) to the Board of Immigration Appeals (BIA), the application for relief from removal is considered pending. This situation may occur when the same petitioner in a family-based category has filed more than one petition on behalf of an applicantfor the same classification. Good Luck ! The distinction between accompany and follow to join is relevant for certain visa classifications that may allow for one but not the other. ETA - eh - maybe not. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS immigration policy while removing obsolete information. The officermust confirm that the applicant is admissible to the United States or that any inadmissibilities are waived before making a final determination on an adjustment application.[51]. Review our. I-485 - Case was transferred to a new jurisdiction - Immigration forums for visa, green card, visitors insurance, OCI and more Today's Posts Forum Immigration - USA Adjustment of Status (I-485) If this is your first visit, be sure to check out the FAQ by clicking the link above. 2021). When USCIS calculates the validity dates based on a set number of years, USCIS issues the EAD with the length of time allowed, minus 1 day. You will r Over 1M Users on Trackitt . I raised a SR for case outside normal processing time and today I received this response..What does this mean? Save yourself a lot of aggravation. Usually, but not always,the new supply returnsthecut-offdates to where they were before retrogression. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)). The officermust review the Affidavit of Support documentation to ensure the applicant and his or her sponsor meets the Affidavit of Support requirements, including that: The sponsor(s) signed the Affidavit of Support;, The sponsors income meets or exceeds 125% of the Federal Poverty Guidelines;[56]. This technical update is part of an initiative to move existing policy guidance from the Adjudicators Field Manual (AFM) into the Policy Manual. 2763, 2763A-325 (December 21, 2000). Motions to reopen or reconsider are typically adjudicated by the same office that adjudicated Form I-765. The decision will allow the immigrant to move forward. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The officer then verifies the underlying basis of adjustment or adjudicates the replacement petition if the original was still pending. What does it mean: Your case is currently being adjudicated. Secure .gov websites use HTTPS L. 107-208 (PDF)(August 6, 2002). A few days later, she received a response from USCIS saying her case was "currently being adjudicated" and that she should "receive a notice of action within 45 days." A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny.". your case is currently pending adjudication??? [^ 53]For detailed information on reviewing Form I-693, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Documentation, Section C, Documentation Completed by Civil Surgeon [8 USCIS-PM B.4(C)]. The approval of Form I-765 does not grant the applicant an immigration status; it simply provides authorization to work and accompanying evidence of such authorization, or evidence of authorization to work where a noncitizen is already authorized to work by virtue of the applicants immigration status or circumstance. This chapter provides steps that should be used as a general guideline for file review when determining if an applicant is eligible for adjustment of status: General Guidelines for Adjudication ofAdjustment of Status Application, Determine if favorablediscretion is warranted(if applicable). [^ 16] Validity period for EADs within this category is to expiration date of Arrival-Departure Record (Form I-94) or to the end of Application to Extend/Change Nonimmigrant Status (Form I-539) validity period not to exceed 2 years. [^ 5] The date of approval is shown on the Notice of Action (Form I-797) and on the permanent resident card (Form I-551). Get processing time one day after your normal processing time window has passed). Back to Green Card Discussion Forum (I-485) Ask a Lawyer. [^ 30] If the noncitizen is in the United States, the initial EAD is automatically issued upon approval of the Petition for U Nonimmigrant Status (Form I-918). It was assigned to an officer per USCIS last Friday. The problem is the VJ timeline's success rate may not be bad if you're a major league hitter but stinks otherwise. [35]Because the spouse and children do not independently have a basis to adjust status outside of their relationship to the principal immigrant, they derive their status from the principal and are therefore known as derivatives of the principal. While USCIS considers this decision, USCIS will apply the EB-5 regulations and policies that were in effect before the rule was finalized on November 21, 2019. A derivative using the principals country of chargeability may adjust status with the principal or at any time thereafter. An applicant may submit a motion to reopen or a motion to reconsider by filing a Notice of Appeal or Motion (Form I-290B) within 30 days of the denial (33 days if denial notice was mailed to the applicant). Other applicants are also exempt from filing an Affidavit of Support if they filed aForm I-485prior to December 19, 1997[58]or if they qualify: Refugees and asylees at time of adjustment of status;[61], Employment-based immigrants (other than those for whom a relative either filed an Immigrant Petition for Alien Worker (Form I-140) or owns 5% or more of the firm that filed theForm I-140);[62]. 3d (N.D. Cal.