CSC Cases Now Approved Faster!
Posted Aug 13, 2004
MurthyDotCom
To provide a real-world sense of processing times and patterns to MurthyDotCom and MurthyBulletin readers, we have been posting updates on I-485 case approvals received by The Law Office of Sheela Murthy, P.C. These times are available on MurthyDotCom. Our impetus for tracking this is the various backlog reduction procedures and changes in processing protocols that have recently gone into effect at the USCIS. When there are changes of this nature it is difficult to predict the affect on actual cases. Therefore, we have been keeping a close eye on the timings of I-485 case approvals to detect any irregularities or particular patterns. We are definitely starting to see changes at the California Service Center (CSC).
©MurthyDotCom
Fastest CSC Case to Date
©MurthyDotCom
While we receive I-485 approvals regularly from all USCIS Service Centers, we recently had an unusually fast and pleasant experience with the CSC. On July 27, 2004 we received an approval from the CSC for an I-485 filed in December 2003. This seven-month processing time was remarkable. It was a year and a half faster than their published processing dates and ten months faster than our previous "fastest case." The I-140 had been filed prior to the I-485 (filed concurrently but not simultaneously) and was approved just shortly after the I-485 was filed.
©MurthyDotCom
Other Case Approvals the Same Day
©MurthyDotCom
The CSC must have been working hard on July 27, 2004, as we received four other, unrelated approvals with that date. The next fastest case had been filed August 12, 2003, giving it a processing time of slightly less than one year. Here, the I-140 had been approved before the filing of the I-485. The other three approvals on the same date spanned a full year in their filing dates. The slowest one had been filed in January 2002 and the fastest in December 2002. Thus, we are continuing to see random patterns in case adjudications, including some that are moving much more quickly than they had been before and more quickly than the posted USCIS processing times.
©MurthyDotCom
Consequences of Unpredictable Processing Times
©MurthyDotCom
All in all, faster processing times are a good sign. There are some possible consequences resulting from faster processing times, however. With more unpredictable and faster processing dates one who is planning to get married after filing the I-485, with the expectation that the spouse will come to the U.S. on H-4 status and then file his/her I-485, should keep in mind that there is no guarantee there will be enough time after filing the I-485 to implement this plan. Further, if the I-140 is not approved until after the approval of the I-485, it is questionable whether AC21 is applicable since the USCIS's current interpretation indicates that the I-140 must be approved and the I-485 must be pending 180 days before the beneficiary is permitted to take advantage of the portability benefits available under AC21.
©MurthyDotCom
Conclusion
©MurthyDotCom
It is now more important than ever before to discuss possible options with a qualified immigration attorney either before filing the I-485, or after the filing if there are changes in employment or marital status. We at The Law Office of Sheela Murthy will continue to observe trends in processing times and make them available to our readers on MurthyDotCom.