uscis your case is currently being adjudicated uscis your case is currently being adjudicated

USCIS considers various factors when establishing validity periods for EADs, including the validity period of the underlying immigration status or circumstance, anticipated adjudication timeframes for pending immigration benefits, and the periodic need to reevaluate noncitizens eligibility for employment authorization, EAD, or both, and to ensure that such noncitizens continue to pose no known security risk to the United States. 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. 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. For example, ifthe Visa Bulletin showsa date of 15DEC07for China in thefamily-based1st preference category(F1), visas are currently available forthoseimmigrantswho havea priority date earlier thanDec.15, 2007. [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]. 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." L. 105-277 (PDF), 112 Stat. U.S. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. An officer approves a motion and reopens the Form I-765 if the applicant meets the motion requirements and has submitted evidence to overcome all reasons for the original denial. Applicants in these categories need not file Form I-864. Are you listening? An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part R - Abandonment of Lawful Permanent Residence, Technical Update - Replacing the Term Alien, Technical Update - Incorporating Existing Guidance into the Policy Manual, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, Technical Update - Replacing the Term Foreign National, To protect your privacy, please do not include any personal information in your feedback. If you are successful, your petition will be adjudicated much faster than the current processing time. See8 CFR 103.2(b)(1). Overall, 3,677,495 cases were adjudicated by USCIS in Q1 and Q2 . If applicable, an officer must take special priority dateandvisa classification rules into consideration when determining visa availability. Significant USCIS Lockbox Delays in Processing of Receipt Notices Your case is currently being adjudicated. Sponsor and joint sponsor must be domiciled in the United States or a U.S. territory or possession. It is possible: That your case has been approved but the status is not yet reflecting online on the USCIS website. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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. [^ 44] Includes two groups of applicants who may be eligible for employment authorization; an applicant who filed an Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA) (Form I-881) and the application remains pending with the asylum office or with Executive Office for Immigration Review (EOIR), and an applicant who filed for suspension of deportation or cancellation of removal directly with EOIR. A response with countervailing evidence may be submitted within 15 days from the date of service of the NOIR. [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. Applications with national security concerns require specific handling in accordance with USCIS policy and procedures. 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. See Part L, Refugee Adjustment [7 USCIS-PM L] and Part M, Asylee Adjustment [7 USCIS-PM M] for more information on the exception for asylee and refugee derivatives adjusting status. In other words, immediate relatives are exempt from the numerical restrictions of other immigrant categories;an immigrant visa is always immediately available at the time they file an adjustment application and at the time of final adjudication, if approved. SeeINA 245(m)and8 CFR 245.24. If this happens, you can make an online inquiry. [^ 10] Initial EAD validity period starts the day of adjudication of Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (Form I-687). He was told his case may be adjudicated back in January. USCIS is also providing guidance outlining the categories of aliens eligible for discretionary employment authorization. 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). An applicant may intend to use an earlier priority date than the one indicated on his or her latest petition. [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. [^ 8] With limited exceptions, applications under 8 CFR 274a.12(c) are granted in the discretion of USCIS. [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. [^ 66]SeeINA 212(a)(3)(A),INA 212(a)(3)(B), andINA 212(a)(3)(F). According to USCIS, it takes 97.8 minutes to adjudicate an I485. If an applicant files for a renewal EAD more than 180 days before the current EAD expires and USCIS approves such request, USCIS generally does not backdate or postdate the renewal EAD in relation to the current EADs validity period. Hopefully you don't get beyond the normal processing time window without an answer. Indian Citizen Sues After Losing Work Due To USCIS Delays Inall cases wherecross-chargeability provisions apply, the files should be forwarded to the adjudicating officer with a notation that indicates possible cross-chargeability. SJordanS, April 12, 2019 in K-1 Fiance(e) Visa Case Filing and Progress Reports. I ignored it all together. [69] Any request to withdraw must be made in writing to the USCIS office listed on the receipt notice for Form I-765. A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny." [^ 32] Derivative U nonimmigrants are employment authorized incident to status, however an EAD is not automatically issued. [^ 55] Evidentiary requirements and validity time frame is determined by law enforcement agency (LEA) need. The denial notice should include instructions for filing a Notice of Appeal or Motion (Form I-290B). See8 CFR 103.2(b)(1),8 CFR 103.2(b)(2), and8 CFR 103.2(b)(12). [^ 50]See9 FAM503.2-4(A), DerivativeChargeability. Review our. [^ 38] See 8 CFR 214.2(f)(9)(ii)(D). 7 Best Ways of Speeding Up Your USCIS Immigration Case In all cases where USCIS denies the application for reasons not contained in the original decision, USCIS first issues a NOID to provide the applicant with an opportunity to review and rebut the additional denial grounds.[71]. 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. USCIS may therefore require an applicant to appear at a USCIS Application Support Center to provide biometrics.[3]. Allotherwise approvableemployment-based and family-based cases located at a USCIS field office that do not have a visa available at the time of adjudication must be transferred to the appropriate USCIS office or Service Center once the case has been adjudicated up to the point of final 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 officershould verify that the employment-based adjustment applicants Immigrant Petition for Alien Worker (Form I-140) remains valid. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022. Ask our. This content has been superseded by the current version available in the Guidance tab. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Secure .gov websites use HTTPS 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. Employment authorization is not to exceed the recommendation from the designated school official (DSO) or the students program end date. The U nonimmigrant status program now involves three distinct adjudicative processes: Bona Fide Determination (BFD) process for principal petitioners and qualifying family members with pending, bona fide U nonimmigrant petitions, who USCIS determines merit a favorable exercise of discretion; [1] See 8 CFR 103.5. For eligible automatic extension EAD categories, see the Automatic Employment Authorization (EAD) Extension webpage. [^ 38]See22 CFR 42.53(c). 2. Applicants filing under this category should only file Form I-765 if Form I-918 was approved while the applicant was residing outside of the United States, has been lawfully admitted to the United States as a U-1 nonimmigrant, and now seeks to obtain an EAD as evidence of employment authorization. Numerically Limited Visa Preference Category, Relevant Visa Bulletin Chart at Time of Filing, Relevant Visa Bulletin Chart at Time of Final Adjudication, See Visa Bulletin in effect at the time the adjustment application was filed to determine which chart controls, (Dates for FilingFamily-Sponsored Visa ApplicationsOR Application Final Action Dates for Family-Sponsored Preference Caseschart), Application Final Action Dates for Family-Sponsored Preference Caseschart that is current at the time the application is approved, Employment-Based Preference Categories (including Special Immigrant-Based Categories), (Dates for FilingEmployment-Based Visa ApplicationsOR Application Final Action Dates for Employment-Based Preference Caseschart), Application Final Action Dates for Employment-Based Preference Caseschart that is current at the time the application is approved. Your case is currently in line for processing and adjudication. L. 109-162 (PDF), 119 Stat. See Illegal Immigration Reform and Immigrant Responsibility Act, Division C ofPub. Can you hear me? Official websites use .gov Good luck. your case is currently pending adjudication??? - Trackitt And there may be roses blooming in the Arctic Circle. For family-sponsored immigrants, the priority date is the date thatthePetition for Alien Relative(Form I-130), or in certain instances thePetition for Amerasian, Widow(er), or Special Immigrant(Form I-360),is properly filed with USCIS. Receive automatic case status updates by email or text message, .