There may be instances in which an adjustment applicants file is sent forward to the adjudicating officer prior tolocatingthe petition. L. 113-4 (PDF), 127 Stat. 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. Thank you for answering! Cookie Notice It was assigned as soon as my sent my inquiry. RD : April 2020 Application : i539 + i765, New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Tried to expedite but USCIS says case is being adjudicated I-765 (EAD) I tried to expedite my marriage based I-765 EAD through USCIS' call center, and the agent I talked to said he was unable to do so because my case is currently being adjudicated. "Your case is currently being adjudicated" I129F : USCIS USCIS also uses this guide to determine whether anApplication to Register Permanent Residence or AdjustStatus(Form I-485)may be acceptedfor filing andreceive finaladjudication. [2], To grant employment authorization, and issue an EAD, or both, USCIS must verify the applicants identity. [2] 1. [^ 7] For further guidance on evidence, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence [1 USCIS-PM E.6]. L. 104-208 (PDF)(September 30, 1996). [44], An adopted child who was not able to accompany the principal because the two-year legal custody and joint residence requirements had not yet been met when the principal immigrated may become eligible to follow to join the principal. Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Part A - Employment Authorization Policies and Procedures. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment. [^ 71]SeeINA 212(a)(3)(F)andINA 237(a)(4)(B). L. 85-316 (PDF), as amended,8 CFR 245.3,INA 101(a)(15)(A)(i)-(ii)andINA 101(a)(15)(G)(i)-(ii). [^ 2]SeeINA 212(a)(3)(A), INA 212(a)(3)(B), or INA 212(a)(3)(F). 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. In certain situations, an applicant may benefit from the charging of their visa to their spouses or parents country of birth rather than their own. Ombudsman Update: Case Under Active Review - VisaJourney This does not include immediate family members. Your Congressman can help speed up your immigration case with USCIS, as USCIS is one of several U.S. federal agencies under the direct oversight of the U.S. Congress. [^ 32] Derivative U nonimmigrants are employment authorized incident to status, however an EAD is not automatically issued. [^ 17] Extension of stay is granted in 2-year intervals awaiting approval of Petition for Alien Relative (Form I-130). The officermust verify the status of any underlying immigrant visa petition or other basis for immigrating prior to adjudicating the adjustment application. USCIS determines validity periods as established by regulations, policy, or Federal Register Notices. [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. L. 106-554 (PDF), 114 Stat. U.S. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, Notice of Intent to Deny." Motions to reopen or reconsider are typically adjudicated by the same office that adjudicated Form I-765. So it appears they have created a good system here to quicly address longer than normal processing cases. Case assigned to an adjudicating officer - Immigration This technical update removes references to Form I-864W, Request for Exemption for Intending Immigrants Affidavit of Support, which was discontinued by the Inadmissibility on Public Charge Grounds Rule and is no longer used by U.S. The officermust ensure that all security checks are completed, unexpired, and resolved as necessary prior to adjudicating an adjustment application. Chapter 5 - Adjudication and Decision | USCIS 3009, 3009-670 (September 30, 1996) and codified at8 U.S.C. 7 USCIS-PM C - Part C - 245(i) Adjustment. YOUR FREAKING TIME !!! See 8 CFR 214.2(3)(23). You should receive a notice of action whitin 45 days. Not weekly. USCIS must verify that the applicant meets the requirements of one of the categories eligible for employment authorization, an EAD, or both and has submitted evidence establishing eligibility. 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. Theofficer should determine that the applicant is either employed by the petitioner or the job offer still exists, that the employer continues to have the financial means to employ the applicant. Also, sign up for Case Status Online to: . Official websites use .gov [^ 8] With limited exceptions, applications under 8 CFR 274a.12(c) are granted in the discretion of USCIS. SeeINA 237(a)(4)(A)orINA 237(a)(4)(B). In order to benefit from cross-chargeability, both applicants must be eligible to adjust status. Identity Verification See Section 431(b) of PRWORA,Pub. Privacy Policy. [^ 23]Immigrant Petition for Alien Worker (Form I-140); Petition for Amerasian, Widow(er), or Special Immigrant(Form I-360); or Immigrant Petition by Alien Investor (Form I-526). [^ 3]SeeINA 245(a). So my fingers are crossed! 8 CFR 274a Subpart B - Employment authorization, INA 103, 8 CFR 103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-765, Application for Employment Authorization, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). After placing an inquiry online on 4/4 with USCIS after 6 months of waiting for my NOA2,I got this email today: Your case is currently being adjudicated. He was told his case may be adjudicated back in January. . Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A). Inall cases wherecross-chargeability provisions apply, the files should be forwarded to the adjudicating officer with a notation that indicates possible cross-chargeability. A case number is structured like this: AAA-XX-YYY-Z-MMMM: Is an Interview Required? [52]The civil surgeon records the results of the medical exam on the Report of Medical Examination and Vaccination Record (Form I-693), which is then reviewed by the officer upon adjudication of the adjustment application. It means that your application is currently being reviewed and that the USCIS and that they expect to make a decision within 15 days 1 rt1012 reacted to this Share this post. For more information about case processing times and reading your receipt notice, visit the More Information About Case Processing Times page. However, an applicant may submit a motion to reopen or reconsider. For more information on how to request a replacement, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [11 USCIS-PM A.3]. Below is a summary of what we found and how the issue has been or may be resolved.Your case is currently being adjudicated. Share sensitive information only on official, secure websites. In addition, there are a few special categories where certain additional family members qualify as derivative applicants and may adjust status. [1]If the underlying immigrant visa petition is still pending, the officer is responsible for determining if the beneficiary of the petition is eligible for the classification sought and adjudicating the petition prior to considering the adjustment application. For more information on how to request a replacement, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [11 USCIS-PM A.3]. Applicants filing under this category should only file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error. Other applicants are also exempt from filing an Affidavit of Support if they filed aForm I-485prior to December 19, 1997[58]or if they qualify: Refugees and asylees at time of adjustment of status;[61], Employment-based immigrants (other than those for whom a relative either filed an Immigrant Petition for Alien Worker (Form I-140) or owns 5% or more of the firm that filed theForm I-140);[62]. If this happens, you can make an online inquiry. The denial notice should include instructions for filing a Notice of Appeal or Motion (Form I-290B). [70], If USCIS reopens the case, an officer may approve the Form I-765 or issue a new denial. Link to post . Unfortunately you just have to wait it out. Your case is currently being adjudicated. You will receive a - Trackitt I have a couple of sources that tell me if you are beyond the normal processing time window and your congressman's immigration attorney sends an inquiry on your behalf that usually pushes things along rather quickly. You will receive a notice of action . For eligible automatic extension EAD categories, see the Automatic Employment Authorization (EAD) Extension webpage. Since you were able to make such an inquiry means your casewas taking longer than normal to process. I raised a SR for case outside normal processing time and today I received this response..What does this mean? 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. For employment-based immigrants, the priority date isestablished on the earliest of: The date the petition was properly filed with USCIS;[23]or, The date thepermanentlabor certification application[24]was accepted for processing by the Department of Labor (DOL),when a labor certification is required.[25]. Failure to maintain the relationship disqualifies the applicant in most cases or,if not disqualifying, may be a negative discretionary factor in certain types of cases. After placing an inquiry online on 4/4 with USCIS after 6 months of waiting for my NOA2, I got this email today: Your case is currently being adjudicated. 2021). [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.
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