Question: Why Does I 130 Take So Long?

Can I sue Uscis for denial?

Yes.

If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case..

How long does it take for an I 130 to be approved?

5 to 12 monthsAfter filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories.

Can my wife visit me in the US while I 130 visa is processing?

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending? If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.

Can I travel while I 130 is pending?

It may be difficult, but it’s not impossible to obtain a visitor visa with a pending I-130 petition. Many people with pending immigrant visa petitions have successfully traveled to the United States on a B visitor visa or through the Visa Waiver Program (VWP).

What happens after the I 130 is approved?

If USCIS approves the I-130, it will forward the petition to the National Visa Center (NVC). The NVC will send information on the case number assigned to the case along with an Invoice ID for the Affidavit of Support and the Immigrant Visa forms.

How do you know if I 130 is approved?

Confirmed Receipt of I-130 Within 2-3 weeks of submitting your I-130, you should receive a Notice of Action (also known as Form I-797). It is vital that you read the information on this notice, as it will tell you if your I-130 has been received, rejected, or requires more information from you.

Is Uscis working now?

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4.

Why is Uscis taking so long?

Why Are Cases Taking Longer? Many factors can slow down your case. New policies at USCIS are restricting legal immigration. … Recent USCIS data shows that USCIS’s average processing time rose by 19 percent from FY2017 to FY2018, even while overall numbers of case receipts declined by 13 percent during that same period.

Can I 130 be denied?

Yes, the I-130, like any other visa petition, can also be denied. USCIS denies thousands of such petitions every year – and while the reasons may vary, some of them may be easily avoided.

Can I 485 be denied after I 130 is approved?

Answer: If your I-130 was approved but I-485 was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status. … Once an I-485 application is denied, USCIS may or may not send you a Notice to Appear (NTA).

What is the fee for i130?

$535The filing fee for Form I-130 is $535.

Can immigration lawyer speed up process?

While an immigration attorney cannot per say “speed up” your case, the immigration attorney is knowledgeable in immigration law and will know the best strategy and options for your case. Undeniably, this avoids any unreasonable delay by anyone lacking specialized knowledge in this area of law.

How many cases does Uscis process per day?

26,000 casesAccording to documents obtain by The Washington Post, USCIS is creating the “Organization of Professional Responsibility” to enhance oversight of the way its employees handle the more than 26,000 cases the agency decides each day.

What can I do if Uscis takes too long?

What Do I Do If My Immigration Case Is Taking Too Long?Normal Processing Time For Visa Applications. … What To Do When You Haven’t Heard Back About Your Application. … Call A USCIS Customer Service Representative. … Make An Appointment With A USCIS Agent. … Write A Letter To Your Local USCIS Supervisor Asking For Clarification On Your Case.More items…•

How often does Uscis update case status?

This time range is how long it is taking USCIS to process your case from the date we received it. We generally process cases in the order we receive them, and we will update this page each month. The estimated time range displayed is based on data captured approximately two months prior to updating the page.

Why is the I 130 taking so long?

Also, in certain family visa cases, USCIS may take longer to make decisions on I-130 petitions where the beneficiaries’ priority date will not be current for many years, such as in the case of the brother or sister of a U.S. citizen.

How do I speed up Uscis processing time?

4 Easy Ways to Speed Up an Immigration ApplicationApply For Premium Processing Service. USCIS will expedite certain immigration cases for an extra fee of $1225. … Submit An Error Free Application. Once of the most common reasons for a delayed application is improperly filed paperwork. … Hire An Immigration Attorney. … Contact USCIS. … Find The Right Immigration Attorney.

Can I stay in the US while waiting for I 130?

As long as your mother did not have a preconceived intent to remain in the US permanently upon her entry into the US or has any other issues of inadmissibility, she is eligible to apply for her green card while her I-130 is still pending.