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Immigration News & Updates eNewsletter
POSTING DATE: MARCH 9, 2015
This Week's Immigration News
Immigration News & Updates eNewsletter © 2011 - 2015
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USCIS Processing Times For Common Immigration Applications Filed At Regional Service Centers
Questions & Answers
Question: My daughter sponsored me for my Green Card and we went to the Immigration office for my interview and everything was fine. But the officer said that I needed to send in some documents about an arrest that I had way back many years ago for driving without a license, before she could issue my Green Card. She gave me a paper to include with the documents when I sent them back to her. So went to the police station and got some documents from them about the case and sent them to the officer several days later – way before the deadline, then waited for word from Immigration that my case was approved. But instead, I was shocked to just now receive a denial letter saying that I didn’t send her the correct court document. I thought that the police documents were the right ones. I’m so upset now and don’t know what to do. Can you please help me to get the correct documents that the officer wants so I can go and give them to the immigration officer? If I do, will she approve my case? The letter says I can’t appeal. Thanks.
Answer: What you are experiencing is very common and avoidable. It’s important to understand that when the USCIS issues a request for documentation, you generally only have one opportunity to provide EXACTLY what is requested or the case will be denied. With USCIS Requests For Evidence, it is crucial to determine exactly what the request is asking for, so that you can provide it, since there are no second chances. For criminal cases, Immigrants must provide the USCIS with a certified copy of both the Police Report or Ticket AND the Court Disposition. One or the other will not be sufficient. It’s also important to know that in many cases like yours which cannot be Appealed, an Immigrant can still make a request for the officer to reopen the case or reconsider it (I-290B, Notice of Appeal or Motion). The filing fee is $630. A motion to reopen must be based on factual grounds, such as the discovery of new evidence or changed circumstances, while a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of that decision. Unlike a motion to reopen, no new evidence circumstances can be submitted to support the request. While not required, due to the technical legal issues involved in such Motions, its always best to have a qualified Immigration attorney prepare and submit the request.
In some Immigration cases, filing an Appeal, Motion to Reopen or Reconsider is not advised and just a waste of money. These types of cases involve eligibility issues, for instance when an Immigrant files for residency or some other immigration benefit that they are clearly not eligible for. For example, when a Resident sponsors a married a child. In such a case, no eligibility exists, since there is no immigration category for a adult married child of a Resident, only for single children. Only U.S. Citizens can sponsor their married children.
In your case, it is likely possible to request that the case be reopened to submit the correct documentation and explanations as to why the documents were not initially provided. Processing times can be 3 to 6 months and if approved, the USCIS will reopen/reconsider the case and approve it.
Department of Homeland Security Introduces Videos for International Travelers to the U.S.
Helpful Immigration Tips You Can Use...
Question: I am a legal permanent resident, I have file for my husband from December 03,2013 and I haven't no idea it would take this long. It's so hard to travel to Jamaica 3 times a year to visit him. how long does it take& how far they have reach now
Answer: Since you are a U.S. Resident filing for a Spouse, you husband is in the F2A Immigration Category. Right now, as of March 1, 2015, there are Immigrant visas for I-130 petitions filed by Residents for their spouses in June 2013. Since you filed for your husband in December, 2013, as long as the F2A category keeps moving forward, your husband may need to wait another 6 months or more before a visa will be available.
You can view the current Immigrant Visa waiting times by visting the State Department's Visa Bulletin:
The Department of Homeland Security’s U.S. Customs and Border Protection (CBP) has created videos designed for international travelers planning to visit the U.S., which provide information about planning for the visit “Know Before You Visit” and the U.S. entry process “You’ve Arrived”.
View the U.S. Customs and Border Protection (CBP) Video Site:
Type of Immigration Application
Application for Employment Authorization (Form I-765)& Travel Permission (Form I-131)
Application to Replace Permanent Resident Card – Green Card (Form I-90)
DACA Deferred Action Initial Application (I-821D)
DACA Deferred Action Renewal (I-821D)
Student Visa & Applications to Extend/Change Nonimmigrant Status (Form I-539)
Petitions for Alien Relatives (Form I-130):
U.S. citizen filing for a spouse, parent, or child under 21
Permanent resident filling for a spouse or child under 21
U.S. citizen filing for an unmarried son or daughter over 21
U.S. citizen filing for a married son or daughter over 21
U.S. citizen filing for a brother or sister
The USCIS provides processing times updates on its website for every type of Immigration applications processed at its Regional Service Centers and local District offices.
The times below represent the most up-to-date processing times for some of the most common Immigration application types. You can see the processing times for all applications processed by the USCIS by clicking on the following link:
Immigration How To:
How Do I Know What Filing Fees Are Required?
One of the most common reasons for case rejection by the USCIS is for the wrong Filing Fees. You can see the current USCIS Filing Fees by clicking on the link below:
Avoid Case Rejection By Enclosing the Correct USCIS Filing Fee
Stay Informed - Sign-up For USCIS E-Notification & Email Updates
On Your Immigration Case
To request e-notification, download and complete form G-1145 and mail along with all Immigration applications. Once you receive your case number, go to the USCIS website and sign up for Email Status updates on your case through the USCIS My Case Status program. Once you register and enter your case number(s), the USICS will automatically email you notifications and updates on any actions take on your case so that you are better informed about your case status.
For instance, once your Immigration application is filed, the USCIS may issue you a letter requesting more evidence in order to continue processing the case. If you are registered to receive case status updates, you will receive an email notification that the USCIS has issued the request, which helps you to be aware that you should be receiving the request by mail soon. If you have not received the request, you can then make further inquiries. Similarly, once you respond to the USCIS request, you will receive an updated email notification that they have received your documentation. It’s a great way to stay informed and keep up to date on the status of your case as it is being processed.
The USCIS now offers several ways for Applicants to get updates on newly filed and pending Immigration cases. Immigrants and Sponsors filing Immigration applications with the USCIS can now sign-up to receive text messages and email E-notifications confirming application receipt by the USCIS, along with the case receipt number(s). The receipt number allows individuals to track the status of their case online. E-notifications are issued within 24 hours after the USCIS receives the application.