I-485 Processing Times Vary
Posted May 28, 2004
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Regular MurthyDotCom and MurthyBulletin readers are aware that, as of April 30, 2004, the USCIS Service Centers changed the manner in which they process concurrently filed I-140/I-485 cases. Essentially, in an effort to increase efficiency, the I-140 petition and the I-485 application will be adjudicated concurrently if filed concurrently. Previously, the two forms were adjudicated at the Service Centers on separate tracks, at separate times, by different examiners or adjudicators. More information on this new procedure is available in our April 23, 2004 MurthyBulletin article, New Procedures for Concurrently Filed I-140/I-485 Cases, available on MurthyDotCom.
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Recent Approvals at Our Law Firm
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We at The Law Office of Sheela Murthy, P.C. have been closely watching the approvals and transfers in our I-485 cases to discern any pattern or change as a result of the new adjudication procedures. At this early stage, less than a month after the changes were put into place, we can see that something is happening, but hesitate to confirm that it is an established pattern. The dates of the I-485 approvals have become far more random and irregular than we previously experienced. Readers should be mindful that we are reporting about only a handful of cases, and that the ultimate outcome of the new procedures is still to be seen. These examples are not meant to show reliable processing times. It is unlikely that the National Customer Service Center (NCSC) will use anything other than the USCIS reported processing times, to determine whether questions about the status of a case should be forwarded to someone beyond the frontline responder at the NCSC.
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Below, we outline the updates on the USCIS Service Centers in alphabetical order:
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California Service Center
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The California Service Center (CSC) is part of both the new processing procedures and a pilot program designed to speed adjudications. See our April 9, 2002 article, CSC Pilot Program on Concurrent Adjudications, available on MurthyDotCom. We received an approval last week for a case that was filed almost a year after the posted CSC processing dates. While the CSC reports a current processing date for employment-based I-485s of March 1, 2002, the approval we received in mid-May 2004 was for a case that was filed in February 2003.
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Nebraska Service Center
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The most recent case approval we received from the Nebraska Service Center was directly on target with their posted processing dates. The case was approved on May 14, 2004 and had been filed in December 2001.
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Texas Service Center
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We have not seen any approvals from the Texas Service Center (TSC) that seem to be out of the ordinary order. The action we are seeing on TSC I-485 cases, however, follows a long period of almost total stagnation. Recently we received a few Requests for Evidence (RFEs), which indicate that the cases are being reviewed. The most recent approval we received was dated May 3, 2004 for a case filed March 1, 2002. This is about two months ahead of the published processing times of January 1, 2002.
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Vermont Service Center
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Our Vermont Service Center (VSC) cases are showing an impressive movement. The most recent approval was issued on May 18, 2004, for a case filed just one year earlier, on May 25, 2003. This is a significant variance from the published times, which in recent months have reflected a processing time of about 18 months. The published processing date when this case was approved was February 15, 2002. Of course, there are I-485 cases that we filed before that date that remain yet been approved or even scheduled for an interview at the local USCIS District Office.
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In addition, several cases were transferred for interview at the local office well in advance of the anticipated processing dates. The transfers coincided with the I-140 approvals. In those cases, the I-485s were only filed quite recently; about 6-8 months ago. The I-140s were filed a bit before the I-485s in these cases.
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Plan for Faster I-485 Approvals
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These changes may indicate that, in the near future, we will notice faster I-140/I-485 processing times. This is something that would be enormously beneficial to many. What appears to be happening is that some cases are being processed much more quickly than the published processing times, while other cases are taking longer than the published processing times.
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Marriage and Faster I-485 Approvals
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These recent developments are important to anyone planning important life events, such as a marriage or a job change, around the slow green card processing times. With respect to marriage, in order to have one's spouse included as a derivative beneficiary in an employment-based green card case, the marriage must occur before the I-485 is approved. In the past, people often planned weddings around the official processing timeframes provided by the USCIS. Now, with the processing times being so uncertain, wedding dates may need to be moved up to avoid serious delays or problems in bringing the new spouse to the U.S. on dependent status.
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Job Changes and Faster I-485 Approvals
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Additionally, people often try to plan job changes and the use of AC21 portability around the processing times. They want to attempt changing jobs after they become AC21 eligible, but before the I-485 is approved. This option may become far less certain. If processing times improve considerably, AC21 may not be available under law and may even become unnecessary in most cases.
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We will continue to monitor the progress of our I-485 cases at The Law Office of Sheela Murthy and will report any interesting developments. On the one hand, it is good news that cases may be processed faster in the future. On the other hand, some people may find it frustrating that they have waited so many years while others are getting their cases approved more quickly. We understand that there will be a transition period for this new system, but we expect that efforts will be made at USCIS to work toward processing cases in the order of filing.