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A case number is structured like this: AAA-XX-YYY-Z-MMMM: Is an Interview Required? Below is a summary of what we found and how the issue has been or may be resolved.Your case is currently being adjudicated. If the demandfor immigrant visasis more thanthesupply for a particularimmigrantvisapreferencecategoryandcountry of chargeability,DOSconsiders the categoryandcountryoversubscribed and must impose a cut-off dateto keep the allocation of visas within the statutory limits. *A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny or Notice of Intent to Revoke. [9], Parent and child of N-8 or N-9 nonimmigrant[15], Citizen of Micronesia, the Marshall Islands or Palau, Granted withholding of deportation or removal, Deferred extended voluntary departure or deferred enforced departure, Variable, length of TPS designation, or any TPS renewals and TPS extensions, Granted voluntary departure under Family Unity Program of IMMACT 90[21], Legal Immigration Family Equity (LIFE) Act Family Unity grantee[24], Duration of V-1, V-2, and V-3 status, not to exceed 2 years, Duration of V-1, V-2, and V-3 status, not to exceed 2 years[27], Victims of human trafficking (T-1 nonimmigrant), Variable, up to end date of L-2 status, not to exceed principals L-1 status, Victims of qualifying criminal activity (U-1 nonimmigrant), Family members of victims of qualifying criminal activity (U-2, U-3, U-4, or U-5 nonimmigrant)[32], Duration of U-2, U-3, U-4, or U-5 nonimmigrant status, Duration of U-2, U-3, U-4, or U-5 nonimmigrant status[33], Dependent of a diplomat or foreign government official (A-1 or A-2)[34], 3 years or tour of duty end date on Form I-566, whichever is less, Dependent of Taipei Economic and Cultural Representative Office (TECRO) (E-1)[35], 3 years or end of principal E-1 status, whichever is less, Student pre-completion Optional Practical Training (OPT), Variable, 12 months, date recommended by Designated School Official (DSO), or date course of study ends, whichever is earlier, Off-campus employment qualifying international organization, Off-campus employment student severe economic hardshipunder 8 CFR 214.2(f)(9)(ii)(C), Spouse or unmarried child, son or daughter of an employee of an international organization (G-1, G-3, or G-4)[42], Dependent spouse or minor child of a J-1 exchange visitor, 2 years or end of principal J-1 status, whichever is less, Nonacademic or vocational student (M-1) post-completion OPT, 6 months, not to exceed recommendation on Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) or 1 month for each 4 months of completed full-time studies, whichever is earlier[43], Dependent of NATO-1 through NATO-7 employee, 3 years, not to exceed tour of duty listed on Form I-566, Pending application for asylum or withholding of deportation or removal, Pending application for adjustment of status under INA 245, Suspension of deportation pending to apply for Nicaraguan Adjustment and Central American Relief Act (NACARA) relief[44], End of principal E-2 CNMI Investor status not to exceed 2 years, Deferred action (non-Deferred Action for Childhood Arrivals (DACA)), Variable, end date of deferred action period[47], Variable, end date of deferred action period[48], Applicant for creation of record of lawful admission, Domestic employee of nonimmigrant employer[49], 1 year or validity of B-1, whichever is less, Domestic employee of U.S. citizen abroad[50], Final order of removal with order of supervision[52], S nonimmigrant law enforcement witness or informant[54], Pending application for LIFE Act Legalization[56], Family members of victims of human trafficking (T2, T3, T4, T-5, or T-6 nonimmigrant), Duration of T-2, T-3, T-4, T-5, or T-6 nonimmigrant status, H4 nonimmigrant spouse of a H-1B nonimmigrant, Variable, up to end date of H-4 status, not to exceed principals H-1B status, Violence Against Women Act (VAWA) self-petitioner, Variable, 2 years or end date of deferred action period, whichever is earlier, Spouse of entrepreneur parolee under 8 CFR 212.19(h)(3), Form I-140 beneficiary with compelling circumstances. A child can be credited with any quarters of coverage earned by each parent before the childs 18th birthday. Priority Dates for Employment-Based Preference Cases. Our analysis found that USCIS adjudicated more cases in the first half of FY2020 than the agency did during the same time in FY2019. You should receive a notice of action* within 45 days. In many cases, an underlying petition is used to form the basis for adjustment. #USCISAnswers: If you need to expedite your case, you may ask USCIS to expedite the adjudication of an immigration benefit if it meets certain criteria.Learn more: https:// uscis.gov/forms/filing-g uidance/how-to-make-an-expedite-request Chapter 6 - Adjudicative Review | USCIS I didnt see a better option for me and felt it was due. For more information on determining whether a visa was available at time of filing, see Chapter 3, Filing Instructions, Section B, Definition of Properly Filed, Subsection 4, Visa Availability Requirement [7 USCIS-PM A.3(B)(4)]. 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 See U Nonimmigrant Status Bona Fide Determination Process FAQs. [^ 48] Generally, the noncitizen must establish an economic necessity for employment, see 8 CFR 274a.12(c)(14). L. 107-208 (PDF)(August 6, 2002). Your case is currently being adjudicated. 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]. Adjudicated by USCIS - K-1 Fiance(e) Visa Case Filing and Progress [^ 64] See Section G, Motion to Reopen or Reconsider [10 USCIS-PM A.4(G)]. U.S. The legal term for this lawsuit is called mandamus, but it does not require the agency to approve an application. [11] Portability allows the applicant toaccept an offer of employment witheitherthe petitioner or a differentemployer in the same or similar occupational classification as the position for which the petition was approved. Once I was told that my case was pre-adjudicated and waiting for availability of a visa number. I am a green card holder and applied I-130 for my husband 14 months ago.Our case isn't any update like no RFE no transfer nothing happened. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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). 2681, 2681-538 (October 21, 1998); dependent status under HRIFA for Battered Spouses and Children, Section 1511 of VTVPA,Pub. Its possible it triggered them to pull off the dusty shelf, assign to an officer and start the servicing. See Section 431(b) of PRWORA,Pub. 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." See 84 FR 35750, 35808 (PDF) (July 24, 2019). So my fingers are crossed! Citizenship and Immigration Services (USCIS) is providing policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA 245) or 8 CFR 274a.12(c)(14) (grant of deferred action). L. 104-193 (PDF), 110 Stat. LAWSUIT TO COMPEL USCIS TO ADJUDICATE OVERDUE CASES | Reeves Check Case Processing Times You should receive a notice of action whitin 45 days. [^ 32]SeeINA 245(a)(3)and8 CFR 245.2(a)(2)(i)(A). See Illegal Immigration Reform and Immigrant Responsibility Act, Division C ofPub. See9 FAM 503.3-2(D), Priority Date for Derivative Spouse/Child. [^ 43] The noncitizen may be employed only in an occupation or vocation directly related to the noncitizens course of study as recommended by the endorsement of the designated school official on Form I-20. This category includes a spouse of a long-term investor in the CNMI other than an E-2 CNMI investor who obtained such status based on a foreign retiree investment certificate. The response you got from USCIS was a standard response I got that same response from my first inquiry which took them about two weeks to answer needless to say the 45 days came and went. Generally, in cases where USCIS denies the underlying application, the applicant remains eligible for employment authorization if the applicant timely appeals or submits a motion to reopen the decision, and the appeal or motion remains pending. Reddit and its partners use cookies and similar technologies to provide you with a better experience. [66]Theseinclude but are not limited to: Illegal transfer of goods, technology, or sensitive information;[68], Activity intended to oppose, control, or overthrow the U.S. Government by force, violence, or other unlawful means;[69], Association with terrorist organizations.[71]. [^ 54] Includes a principal nonimmigrant witness or informant in S classification and qualified dependent family members. Now that you've found the Service Center that will have jurisdiction over your case, visit the USCIS Processing Time Information page. In addition, ifa sponsor is using assets to meet the requirements, the assets must total: For a spouse: Three times the difference in the sponsors income and the 125% needed according to the poverty guidelines. [^ 21]For more information, see theVisa Availability and Priority Dates webpage. Frequently Asked Questions | Homeland Security - DHS [1] In reviewing the Form I-765, USCIS ensures that the fee was paid, a fee waiver was granted, or a fee exemption applies. [^ 20]For exceptions to this general rule, see22 CFR 42.12. 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. [^ 44]See9 FAM502.1-1(C)(2),Derivative Applicants/Beneficiaries. This page was not helpful because the content: Part A - Adjustment of Status Policies and Procedures, Chapter 3 - Eligibility and Filing Requirements, Part F - Special Immigrant-Based (EB-4) Adjustment, Part I - Adjustment Based on Violence Against Women Act, Part J - Trafficking Victim-Based Adjustment, Part Q - Rescission of Lawful Permanent Residence, How to Use the USCIS Policy Manual Website. Most immediate relative and family-based immigrants, and some employment-based immigrants, are inadmissible as likely to become a public charge unless they submit an Affidavit of Support (Form I-864) with their adjustment application. See Chapter 7, Child Status Protection Act [7 USCIS-PM A.7]. Verify the applicant has paid the $1,000 sum (unless exempt). [69] Any request to withdraw must be made in writing to the USCIS office listed on the receipt notice for Form I-765. There are some instances in which a petition filed and approved under oneclassificationautomatically converts to a new category due to circumstances that occurred since filing. Your case is currently being adjudicated. 7 Best Ways of Speeding Up Your USCIS Immigration Case [48]Parents may not cross-charge to a childs country. We regret that we are not able to give you a time frame for when we will complete the review of your application. Maybe the answer to the service request (to expedite) is . Therefore, the length of time an applicant must wait in line before being eligible to file an adjustment application depends on: The demand for and supply of immigrant visa numbers; The number of visas allocated for the immigrants preference category.[21]. USCIS is like a box of chocolates, you never know what kind of answer you are going to get!!!! 1641. Family-sponsored preference visas are limited to a minimum of 226,000 visas per year and employment-based preference visas are limited to a minimum of 140,000 visas per year. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. See Poverty Guidelines(Form I-864P). The historical versions are provided for research and reference purposes only. 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. The EB-5 Modernization Rule, effective November 21, 2019, included priority date preservation for certain noncitizens applying for adjustment of status in the EB-5 category with a previously approved 5th preference immigrant investor petition. [65] No further action or notice by USCIS is necessary in the case of automatic termination.[66]. Anofficer must consider activities, noncitizens, and organizations described in statute,todetermine if a national security concern exists. Thisincludesapplicants who areimmediate relatives. [^ 55] Evidentiary requirements and validity time frame is determined by law enforcement agency (LEA) need. Phone - Contact the National Visa Center at 603-334-0700. 8 CFR 103.2 - Submission and adjudication of benefit requests, 9 FAM 503.3-2 - Determining priority dates, INA 209, 8 CFR 209 - Adjustment of status of refugees and asylees, INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission, INA 213A,8 CFR 213a - Requirements for sponsor's declaration of financialsupport, INA 245(c) - Bars to adjustment of status, INA 245(i), 8 CFR 245.10 - Adjustment of status of certain aliens physically present in the United States, INA 245(k) - Inapplicability of certain provisionsfor certain employment-based immigrants, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-140,Immigrant Petition for Alien Worker, I-360, Petition for Amerasian, Widow(er), or Special Immigrant, I-485, Application to Register Permanent Residence or Adjust Status, I-693, Report of Medical Examination and Vaccination Record, I-864, Affidavit of Support Under Section 213A of the INA, I-864A, Contract Between Sponsor and Household Member, I-864EZ, Affidavit of Support Under Section 213A of the INA, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). your case is currently in line for processing and adjudication uscis [^ 59]A winner of the Diversity Visa Program lottery has no petition or petitioner. Coronavirus (COVID-19 . To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. See 8 CFR 245a.34(c). There are two elements common to all eligibility categories that USCIS must consider when adjudicating Form I-765: identity and eligibility verification.