U.S. Citizenship and Immigration Services (USCIS) has started the year with a new initiative aimed at improving efficiency. The agency is moving certain I-130 petitions and I-485 green card applications to different service centers that have shorter processing times. This is all part of an effort to speed up the overall workflow.
What does this mean for you?
The good news is that USCIS assures applicants that even if USCIS transfers their cases, they won’t face longer wait times. In fact, some applicants may see faster processing as a result of the change.
Is USCIS Affecting Your Case?
USCIS will not impact most I-130 and I-485 applications with these changes. The cases that will be affected include:
- I-130 petitions filed by U.S. citizens for immediate family members were processed at the Nebraska Service Center.
- I-130 petitions filed by green card holders for their spouses or children, filed with the California Service Center.
- I-485 green card applications filed with the Vermont Service Center.
Not all cases in these categories will transfer. If USCIS moves your case to a new service center, you will receive an official notification. If you don’t receive a notification, USCIS is not transferring your case, and there’s no need to worry.
What Happens if USCIS Transfers Your Case?
If your case is transferred, there should be minimal disruption. Your receipt number will stay the same, and you can continue filing any follow-up forms using the regular filing address as listed online or in the instructions.
Keep in mind: if USCIS transfers your case and you wish to request premium processing, you must file Form I-907 along with a copy of your receipt notice (Form I-797) at the new service center handling your case.
The main benefit of a transfer is that you can submit an online inquiry if your case isn’t resolved within the processing times of the new service center. Since these centers typically have shorter processing times, USCIS may complete your case faster, and if not, you can inquire about its status sooner.
How Much Shorter Are Processing Times?
The exact impact of the reshuffle will depend on where your original petition was filed and which service center is now handling your case. Let’s take a look at the average processing times at different service centers:
I-130 petitions for immediate relatives of U.S. citizens (filed at Nebraska Service Center) currently take 12.5 to 16 months. If your case is transferred, it could go to one of the following centers:
- Potomac Service Center: 7.5 to 9.5 months
- Texas Service Center: 8 to 10 months
- Vermont Service Center: 13.5 to 17.5 months
- California Service Center: 52.5 to 68 months
I-130 petitions for spouses and children of green card holders (filed at California Service Center) currently take 11 to 14.5 months. Your case may be transferred to one of these centers:
- Potomac Service Center: 7.5 to 9.5 months
- Texas Service Center: 5 weeks to 7 months
- Nebraska Service Center: 19.5 to 25.5 months
- Vermont Service Center: 13 to 17 months
I-485 green card applications (filed at Vermont Service Center) currently take 10.5 to 23 months. If transferred, your case will likely move to the Nebraska Service Center, where processing times are currently 9.5 to 13.5 months.
Will This Impact Your Application?
It’s hard to predict exactly how the reshuffle will affect your specific case, but generally, if USCIS transfers your petition to a service center with shorter processing times, you can expect quicker processing.
AI and Processing Efficiency
The Department of Homeland Security (DHS) has introduced an AI immigration playbook aimed at enhancing processing efficiency. This includes:
- Faster Initial Processing: AI systems will handle straightforward cases more rapidly, potentially reducing processing times for applications with clear documentation.
- Consistent Reviews: Automated systems will apply uniform standards across service centers, minimizing variations in case handling.
Expedite Requests Clarification
USCIS has updated its guidelines for expedited requests, which allow applicants to request faster processing under specific circumstances such as emergencies or humanitarian needs. Key points include:
- Streamlined Process: The updated policy clarifies the criteria for expedited requests, particularly for government interests and emergencies, making it easier for applicants to understand how to file.
- Online Submission: Applicants can now submit expedited requests online, allowing for real-time tracking and easier submission of supporting evidence.
Changes to H-4 and L-2 Processing
Starting January 2025, USCIS will bundle the processing of related forms (I-129, I-539, and I-765) for H-4 and L-2 visa holders. This bundling has provided efficiencies but may not continue after January 18, 2025, depending on the expiration of a current settlement agreement.
Backlog Reduction Efforts
USCIS is actively working to reduce processing backlogs through:
- Increased Capacity and Staffing: The agency aims to improve technology and expand its workforce to meet new internal cycle time goals established in March 2022.
- Monitoring Cycle Times: USCIS uses internal metrics to track progress in reducing the backlog, which should result in faster decisions on pending cases.
If USCIS transfers your case to a center with longer processing times, don’t worry—USCIS guarantees that no one will experience a longer wait due to the transfer. The reshuffle balances workloads across service centers, so while some cases may process faster, no applicant will be disadvantaged by the changes.
Criteria for Expedited Processing
- Severe Financial Loss: The applicant or petitioner must demonstrate that they would face severe financial loss, which should not result from their failure to file timely or respond to requests for evidence.
- Emergencies or Urgent Humanitarian Situations: This includes situations that require immediate attention due to urgent humanitarian needs, such as medical emergencies or other critical circumstances.
- Nonprofit Organizations: Requests from nonprofit organizations recognized by the IRS that further the cultural or social interests of the United States may qualify for expedited processing.
- Government Interests: Cases identified by government entities as urgent due to public interest, safety, national interest, or national security can be expedited. This often requires a formal request from a U.S. government agency.
- Clear USCIS Error: If there has been a clear error on the part of USCIS in processing the application or petition, this may also justify an expedited request.
- Compelling Interest of USCIS: Situations where there is a compelling interest in USCIS itself may also be considered.
Submission and Consideration Process
- Documentation Requirement: Applicants must provide supporting evidence that meets one or more of the criteria mentioned above. The burden of proof lies with the applicant to establish the need for expedited processing.
- Discretionary Approval: USCIS decides whether to approve expedited requests, and approval is not guaranteed, even if the criteria are met. USCIS evaluates each request based on its impact on agency resources and other applicants.
- Request Submission: You can submit expedited requests online through secure messaging in your USCIS account or by contacting the National Customer Service Center (NCSC).
In summary, while it’s difficult to guarantee exactly how the transfer will impact your application, the changes could help speed up processing times for many applicants. And if your case is transferred, USCIS has taken steps to ensure that you won’t face a worse situation than before.
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