Learn why it takes so long for your visa application to be approved the moment you file Form I-485 and what you can do to speed it up.
In most spouse visa cases, several months go by between the initial filing/biometrics appointment and the actual interview on your way to achieving a lawful permanent resident status. Some have it at 7.5 months or so to finally become a Green Card holder. People often wonder why that is.
The American Immigration Lawyers Association issued a flyer explaining the issues that they are experiencing. In 2014, for instance, it took about five months for an average case to process. However, in 2020, the MSC processing time had increased significantly up to 9-12 months. Such delays can have a huge impact on families being separated and businesses and may even jeopardize lives.
Key Takeaways:
• The best things you can do to speed up the process are to submit an application with zero errors and file an expedited request.
• Hire an immigration attorney to work with you on speeding up your application for your peace of mind. They’re experts on dealing with anything regarding immigration.
Learn more about consular processing, filing a petition for an alien relative, and more about immigration here.
Table of Contents
Let me explain what’s happening to your application:
Before getting to know the I-485 processing time at the National Benefits Center (NBC), we will go through what happens during the initial processing.
First, your package is received by contractors working for USCIS, with the service request date and receipt notice. They accept and review the paperwork to determine whether the required forms and supporting documents have been filed, such as Form I-485 (Adjust Status or Register Permanent Residence), employment authorization, employment authorization document, and more.
These contractors use a checklist to review each document carefully. The submitted filing fees are converted to an automated clearing house and deducted directly from the bank.
The applications are then forwarded to the NBC in Lee's Summit, Missouri.
After you file a petitioner application with the USCIS, you usually get a receipt notice with the receipt number and receipt date, and the I-485 is no exception. It’s probably the same process in applying for a marriage-based green card. The USCIS field office or the service center where you submitted your application can play a role in your application’s processing time.
To understand the NBC processing times better, let us know what the NBC is.
The NBC was created by the government agency USCIS in 2001. The USCIS has five service centers, including:
• Nebraska Service Center
• California Service Center
• Texas Service Center
• Potomac Service Center
• Vermont Service Center
For more information, visit the website of the United States Citizenship and Immigration Services (USCIS). NBC's mission is to process applications that are to be sent to a local service center for interviews.
Each application (work authorization, travel document, spouse visa, and green card application) is assigned a case number. The NBC was originally called the Missouri Service Center, so the first three letters of the case number are always MSC. The non-citizen spouse also receives an alien identification number (A#).
NBC conducts a more thorough review of the application. If information or evidence is missing, NBC sends out a request for evidence (which we discussed in an earlier email). These are among the citizenship and immigration services that NBC provides.
The FBI name (or background) check is the third piece of the puzzle before an interview is scheduled. After biometrics are conducted, the fingerprints are sent to the FBI to check local and national criminal databases.
The check is very thorough. Serious traffic, misdemeanor, and felony arrests and convictions are identified. This is important because all arrests and convictions will be discussed during the interview.
We generally obtain the same records BEFORE filing so that we are adequately prepared for whatever may come up. It also demonstrates why it is important that you tell us everything regarding any interaction that you have ever had with the law.
Reach out to us with any immigration matters!
These three stages must take place before you and your spouse attend the green card interview or perhaps when completing the immigrant petition.
The spouse visa application process may take a long time. But there are ways to help speed up the processing time.
The spouse visa application process can be complex, and there's a lot that you need to get right. If you're doing it on your own, make sure every detail you provide is correct, and everything has been researched before pressing forward—mistakes cost time or money.
When you're asked to provide required supporting documents, submit everything available, even if the required number of paperwork is met. A little extra effort will help ensure that all of your bases are covered so there won't be any surprises down the line.
We all know the frustration of submitting an application only to receive an (RFE). It's not always easy when you're trying your best, but receiving this kind of letter can mean that there are some things in your documentation that need more proof or clarification from the USCIS office. Trial checks will help get rid of these issues before moving forward with the process.
You can speed up your immigration case by applying for an expedited request. However, some criteria must be met to qualify for this type of renewal or admission into the USCIS.
To make a request for an expedited process, you must have the following documentation that proves your eligibility category:
• A severe financial or monetary loss to an individual or company – provided that the petition for urgency is not the result of the applicant’s failure to:
• Timely request for the benefit
• Timely response to requests for supporting evidence
• A non-profit organization or entity as recognized by the IRS or Internal Revenue Service whose request is to promote the social and cultural interests of the United States
• Urgent humanitarian reasons or emergencies – Though USCIS doesn’t have an official definition of what an urgent case is, your expedited request can get approved when you can prove emergencies or critical humanitarian situations through substantive evidence. These include a dire financial situation and critical illness.
• USCIS error - If you believe that USCIS made a mistake while processing your application, then it’s more likely to approve an expedited request. However, you must provide clear documentation showing how this happened so they can fix their error quickly and get back on track with the rest of the applicants in line waiting patiently behind them. Critical mistakes might include using the wrong entry date or incorrect dates that shorten the validity of your status.
Get help right away for your immigration woes!
The USCIS grants permission to file a request for expedited processing on an individual basis, and they have sole discretion in deciding whether or not your case will be approved. Someone rarely gets their request approved, and filing can only be done once you receive a receipt notice from the normal processing time filing.
There are several reasons why expedited requests may be denied. These include:
• You filed the request outside the standard processing window.
• Failure to submit any compelling documentation or evidence to support your request.
• Your case is qualified for premium processing.
Make an expedited request for your case by calling the USCIS contact center. After the automated option to hear about its status, select "expedite.” Once an agent calls you, make sure to provide all of your information and explain the reasons for your request. An expedited service request number will be given to you so you can track your case. You will receive an email within 1-2 weeks asking for evidence or documentation of your situation. And after a week, you should receive a decision email from the USCIS service center.
Applicants who attempt to file their adjustment of status interview application to save money are likely going about it the wrong way. Filing fees can be expensive, and the immigration process isn’t always straightforward. A good immigration lawyer will understand all of your options, so there aren’t surprises when you get down from putting together paperwork with specific guidelines attached upon approval (or rejection).
Hiring a reputable immigration attorney or law firm is the best way to ensure your case gets handled quickly and efficiently. You don’t want any errors in paperwork, incomplete documents, or incorrect filings that could lead to unnecessary delays; hiring someone like us will help speed up the process.
The processing time of your I-485 application for the spouse visa case can be long or short. It includes initial processing, NBC reviews, and an FBI name check. Delays can happen at every stage, so the entire process may take months.
Submit a complete and error-free application or file for expedited processing if you’re eligible for it. To make things easier, hire a St. Louis immigration lawyer to handle these legal matters.
If you have any questions, please give us a ring at (314) 325-7978.
