An applicant is exempt from the Affidavit of Support requirement and need not submit Form I-864 if: The applicant has earned or can be credited with 40 qualifying quarters (credits) of work in the United States under the Social Security Act (Note: For this purpose: A spouse can be credited with quarters of coverage earned by the other spouse during the marriage. Generally, the same applies to Form I-765 renewal requests. [31], DOSpublishes a monthly report of visa availability referred to as the Visa Bulletin. [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. I would also contact your local congressman NOW and have things queued up and ready to go should you needhis/her involvement later (i.e. As it appears, your file is not really active at this point - and they haven't asked for new fingerprints even two months after it became 'current'. Persons adjusting status based on U nonimmigrant (crime victims) status; Persons adjusting status based on Special Agricultural Worker or Legalization provisions;[16], Persons adjusting status based on public laws with certain adjustment of status programs;[17]and. See9 FAM 503.3-2(D), Priority Date for Derivative Spouse/Child. Below is a summary of what we found and how the issue has been or may be resolved.Your case is currently being adjudicated. Maybe the answer to the service request (to expedite) is . If a copy of a tax return is submitted, then copies of W-2s or 1099s must also be submitted. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. In this video, Joseph covers what the USCIS considers when . i raised an expedited request through live agent chat yesterday and today I received the below from USCIS Your case is currently being adjudicated. However, USCIS may grant special student relief (SSR) applicants employment authorization for periods longer than 1 year, dependent on the validity period of the Federal Register notice. When adjudicating INA 245(i) adjustment applications, officers should follow the general guidance for adjustment applications.[1]. Determine that the applicant is admissible to the United States or is eligible for a waiver of inadmissibility or other form of relief. Your case is currently being adjudicated. 2763, 2763A-325 (December 21, 2000). I did make twice inquiry. You should receive a response with 45 days More Ask a lawyer - it's free! Determine that the applicant is otherwise eligible to adjust under 245(i). If USCIS cannot verify the applicants identity, the applicant fails to establish eligibility (including, if applicable, failing to warrant a favorable exercise of discretion) or abandons the application, USCIS denies the application. This technical update is part of an initiative to move existing policy guidance from the Adjudicators Field Manual (AFM) into the Policy Manual. Persons who obtain relief through a private immigration bill signed into law. Source : https://www.lawfully.com/community/posts/response-to-service-request-from-uscis-A0qcnozNjBqT2lCxhvDzow%3D%3D [^ 64]SeeINA 212(a)(4)(E)(iii). As yet another example, for N-400 applications for citizenship, most field offices are taking 12.5 to 36 months to adjudicate these petitions. 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 a particular applicant is ineligible for adjustment due to an issue not related to visa availability, the case may be denied accordingly because visa availability is not relevant. It takes 15 minutes to process an advance parole document and 12 minutes to adjudicate an EAD. Most people know that marrying a US Citizen is one of the easiest ways to get a green card. An applicant may also renew the adjustment application in any subsequent removal proceedings.[7]. SeeINA 237(a)(4)(A)orINA 237(a)(4)(B). 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. This is called visa retrogression,whichoccurs when more people apply for a visa in a particular category than there are visas available for that month. [5]Theofficer must confirm that the applicant remains eligible to adjust status based on the relationship claimed on the underlying immigrant visa petition. How to Request Case Assistance Expedites, Appeals, and Requests from USCIS How We Process Your Request By Topic Biometrics Appointments Change of Address Contacting USCIS Employment Authorization Documents (EADs) Employment-based Cases File Transfer Issues Filing with USCIS Green Cards (Lawful Permanent Resident Cards) Reporting Poor Treatment [18]By statute, these annual visa limits can be exceeded where certain immigrant visa numbers from the previous fiscal years allocation were not fully used. You can apply for H4 visa stamp outside USA and then come back once it is approved. Well except for one young guy not a T2 who actually thanked me for being so polite if you can believe it. The applicant is a Violence Against Women Act (VAWA) self-petitioner or derivative child. A recreated petition retains the same priority date as the original lost petition. [36]In contrast, there is no specific time period during which a derivative must follow to join the principal.[37]. U.S. We recently contacted uscis to ask about our I129F RFE taking longer than expected and they recently sent us a email saying "your case is currently being adjudicated, you should receive a notice of action within 45 days" I know it says within 45 days but does anyone have any idea if they are currently working on it and should I expect an answer soon? Anofficer must consider activities, noncitizens, and organizations described in statute,todetermine if a national security concern exists. 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. Thank you for answering! Consequently, a Diversity Visa Program adjustment applicant does not need to file an Affidavit of Support. L. 107-208 (PDF)(August 6, 2002). 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. This is known as cross-chargeability. 4 attorney answers Posted on Jan 11, 2018 [^ 65]SeeINA 212(a)(3)(A),INA 212(a)(3)(B), andINA 212(a)(3)(F). Your case is currently being adjudicated. USCIS conducts background checks on all applicants for adjustment of status to enhance national security and protect the integrity of the immigration process by ensuring that USCIS grants lawful permanent resident status only to those applicants eligible for the requested benefit. You should receive a notice of action whitin 45 days. In this case, the adjustment applicant may not need to repeat the medical exam in the United States or may only need to undergo the vaccination assessment. In addition, there are limits to the percentage of visas that can be allotted based on an immigrants country of birth.[19]. L. 109-162 (PDF), 119 Stat. I just want to get a poll from others and see how long before they got a notice of action (no matter what the decision was) after placing the same inquiry with USCIS. This review may include Child Status Protection Act (CSPA)[6]age calculations to confirm that the applicant remains a child by definition. All Rights Reserved. If the qualifying petition or application was filed after January 14, 1998, verify that the grandfathered principal beneficiary was physically present in the United States on December 21, 2000. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. [^ 55] Evidentiary requirements and validity time frame is determined by law enforcement agency (LEA) need. Access to this page is available to visitors with a free NAFSA account. This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. [^ 36] No more than two lifetime OPT extensions may be authorized. However, the applicant is still subject to the public charge ground of inadmissibility. USCIS may therefore require an applicant to appear at a USCIS Application Support Center to provide biometrics.[3]. Your case is currently in line for processing and adjudication. The decision will allow the immigrant to move forward. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. If applicable, an officer must take special priority dateandvisa classification rules into consideration when determining visa availability. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. [^ 37] Validity period may not exceed program end date. L. 106-554 (PDF), 114 Stat. It was assigned as soon as my sent my inquiry. USCIS service request was raised as my case (H1B petition for 2018) was outside normal processing time. An applicant may intend to use an earlier priority date than the one indicated on his or her latest petition. [^ 54]For more information, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B]. Your case is currently being adjudicated. [^ 2]SeeINA 212(a)(3)(A), INA 212(a)(3)(B), or INA 212(a)(3)(F). See 8 CFR 214.2(b), (e), (f), (h), (i), (j), (l), (m), (o), (p), (q), (r) or under INA 214(e). [27] It may also occur in certain employment-based categories. Additionally, applications filed under 8 CFR 274a.12(c), with limited exceptions, are considered in the exercise of discretion. But make sure the information you provide on your new renewal filing is updated. 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). Official websites use .gov Employment authorization automatically terminates if the applicant is no longer eligible due to certain circumstances outlined in the regulations. If USCIS is unable to determine the category, USCIS may issue a Request for Evidence (RFE) to provide the applicant the opportunity to specify the proper category. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. [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.