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SIGNS OF LIFE
Recently, the Immigration System inside the U.S., (not at U.S. Consulates) started showing signs of life, meaning: certain types of applications are processed FAST.
Mainly, these are Applications for Adjustment of Status (Form I-485), which are filed – mostly – by applicants who are LEGALLY in the U.S. and who have family-based visa petitions whose PRIORITY DATES are current or are EXEMPT from WAITING LISTS (such as Immediate Relatives).
This may sound like a complicated description, but in fact there are many applicants who fit this definition. U.S. Citizenship and Immigration Services (USCIS) is now approving most such applicants based on DOCUMENTS only, without INTERVIEWS. This goes FAST.
Remarkably, USCIS also approves many EMPLOYMENT-based applications in the same FAST lane.
_____Also, Applications for American citizenship (Form N-400) are going relatively fast.
ON-GOING STAGNATION
Petitions, whether Family-based (Form I-130) or regular Employment-based (Form I-140) are still taking much too long, between one and three (1 – 3) years. EMPLOYERS are offered a FAST TRACK if they apply for PREMIUM PROCESSING, with an extra fee of $2,500, in addition to the regular I-140 filing fee of $700.
Applications for REMOVAL OF CONDITION FROM PERMANENT RESIDENCY (Form I-751) that MOST applicants for Green Cards by MARRIAGE must file after having a CONDITIONAL card for two (2) years, take 2 – 3 – 4 years to be processed.
Many other types of routine applications and petitions take too long. FILING FEE receipts (Form I-797), at least, have begun to flow FAST from USCIS to applicants.
BIGGEST HOLDUPS
The biggest holdup of cases is still going on in two systems which are not the responsibility of USCIS: the slowest are the U.S. Department of State and its CONSULAR services, and the U.S. Department of Labor and its Foreign LABOR CERTIFICATION service.
CONSULAR CASES: After an American Petitioner obtains an approved visa petition (family or employment based), the case goes to the National Visa Center (NVC), under the U.S. Department of State. There the case must wait for the SCHEDULING of an interview at an American Consulate abroad. This may take years – because the SCHEDULING is based on
PRIORITIES, not on FIRST COME,
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