Processing Times for Family-based petitions and applications, including I-130 and I-485 (2024)

November 21, 2023

Here’s another update on the processing times for family-based immigration applications, including the I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), and the I-765 (Employment Authorization Document) and I-131 (advance parole).

Marriage-Based Green Card (I-130 and I-485):

  • Filing Date: October 06, 2022
  • Approval Date: October 13, 2023
  • Processing Duration: Approximately 12 months
  • Field Office: Baltimore

This particular case stands out remarkably, as the processing time was significantly shorter than the average processing duration for the Baltimore USCIS office, which is currently around 22 months. This example represents an exceptionally fast processing time. We have many filed in 2022 and some in 2021 that are still pending.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (1)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (2)

Employment Authorization Document (EAD) Applications:

  • Case 1:
    • Filing Date: September 08, 2023
    • Approval Date: October 04, 2023
    • Processing Duration: Less than a month
  • Case 2:
    • Filing Date: July 24, 2023
    • Approval Date: September 15, 2023
    • Processing Duration: About 1.5 months
  • Case 3:
    • Filing Date: June 15, 2023
    • Approval Date: October 29, 2023
    • Processing Duration: About 4.5 months
  • Case 4:
    • Filing Date: April 12, 2023
    • Approval Date: September 15, 2023
    • Processing Duration: 5 months

The above cases of EAD processing show a range of processing times. While some applicants received their EADs in under a month, others had to wait for up to five months.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (3)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (4)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (5)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (6)

September 21, 2023

We are excited to share another update on the I-765 (Employment Authorization Document) processing times, particularly those filed in conjunction with family-based I-485 applications. Continuing the positive trend we highlighted in July, we are witnessing even more encouraging statistics, showing that processing times have further improved.

Sample Processing Times:

  1. Application Filed: May 26, 2023 Approval Date: August 11, 2023 Processing Duration: 2 months, 16 days
  2. Application Filed: August 3, 2023 Approval Date: September 6, 2023 Processing Duration: 1 month, 3 days

From the above, it’s evident that USCIS is continuing to refine and expedite its processing timelines. The marked decrease, especially in the latter example, is testament to the ongoing improvements in the efficiency of USCIS’s processing mechanisms.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (7)

To reiterate from our July post, the fiscal year 2022 often saw processing times stretching up to a year. This landscape changed dramatically post-October 2022, with an even more significant shift evident for applications filed after January 2023. The sample cases above, especially the one filed in August 2023 and approved in a little over a month, highlight the continuing momentum.

It’s also worth noting that the prioritization of I-765 (EAD) applications, which we mentioned in our previous update, has likely contributed to these expedited processing times. With such a framework in place, applicants can remain optimistic about receiving their Employment Authorization Document faster than before.

July 24, 2023

We continually monitor trends and changes in processing times to provide you with the most up-to-date information possible. Today, we are happy to present an updated look at the processing times for marriage-based Green Card applications.

To illustrate recent processing times, we’ll share three case samples, all of which are marriage-based, filed by US citizens for their spouses.

Case 1: The first case involves a petition where both the I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) were filed concurrently on July 28, 2021. After USCIS issued a Request for Evidence (RFE) for bona fide marriage on February 27, 2023, a response was filed in early May 2023, and approval for both applications came a few days later, on May 10, 2023. The total processing time for this case was approximately 22 months.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (8)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (9)

Case 2: Our second case sample also involves a concurrent filing of I-130 and I-485, but this was done on January 31, 2022. This case included an RFE regarding inadmissibility due to a criminal arrest. After the RFE was issued on March 31, 2023, the response was submitted on May 3, 2023. Both applications were approved later that month, on May 25, 2023, leading to a total processing time of about 16 months.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (10)

Case 3: The third case, again a marriage-based petition, involved I-130 and I-485 applications filed on November 30, 2022. In contrast to the first two examples, this case had no RFE issued, and both applications were approved relatively quickly, on July 12, 2023, resulting in a processing time of just over seven months.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (11)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (12)

It does seem like USCIS is continuing to approve a significant number of marriage-based I-485 applications without interviews and is also demonstrating an improvement in processing times. In our previous blog post on April 7, 2023, we shared a case that took 19 months for approval without an RFE or interview. Now, in our latest example, we have encountered a sample that just too over six months—a marked improvement.

We remain hopeful that these trends continue, leading to more efficient and streamlined processing for marriage-based Green Card applications.

July 17, 2023

Updated Processing Times for USCIS I-765 (EAD) and I-131 (AP) Applications

In recent months, we’ve noticed a positive trend in the processing times for I-765 (Employment Authorization Document) and I-131 (Advance Parole) applications, particularly those filed concurrently with the family-based I-485 form.

In comparison to the fiscal year 2022, the processing times have shown notable improvements. As evidence, here are several representative samples indicating a substantial decrease in the processing period, with the quickest completion time being as short as a month.

In contrast, applications filed towards the end of FY 2022 often took a year or even longer to process. However, we’ve observed a significant shift in processing speed for cases filed after October 2023. Remarkably, applications submitted particularly after January 2023 experienced less than a six-month processing window, with the record time clocking in at just shy of one month.

Also, note that as of early this year, USCIS has been prioritizing the processing of I-765 (EAD) applications. Consequently, applicants can typically expect their Employment Authorization Document to be approved and arrive before their Advance Parole.

In conclusion, it appears the USCIS processing times are improving, which is indeed encouraging news for applicants.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (13)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (14)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (15)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (16)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (17)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (18)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (19)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (20)

May 12, 2023

Processing times for EAD (I-765) continue to improve. Here’s one that took just 2.5 months. Filed with I-485 marriage based.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (21)

April 11, 2023

Received on EAD (I-765) approval in about 4 months and another in 8 months. Both filed together with I-485 marriage based. Posted time frame is 11.5 months at the national benefits center. Since USCIS is now bifurcating the adjudication of EAD and AP with a focus on EAD, you will likely see approvals of EAD first before AP.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (22)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (23)

April 7, 2023

USCIS seems to approve a significant amount of marriage-based I-485 without interview and RFE, including ones with barebones supporting documents showing bona fide marriage. Here is a sample showing 19 months of processing time. No RFE. No interview.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (24)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (25)

Some recent tweets on the subject:

Recently, USCIS has been approving almost all marriage-based green card applications w/o RFEs or interviews, seemingly without regard to bona fides. And then, we get an RFE for bona fides for a deaf couple. Almost impossible to gauge USCIS's exercise of discretion. Random.

— Jia J. Wu (@jayw_u) April 6, 2023

From what I see, USCIS is approving all marriage-based I-485s without interview. There is no picking/choosing who gets to skip. Even better, some may receive a 10 yr green card instead of a cond GC since the underlying marriage will be more than 2 yrs old on the date of approval. https://t.co/TvZFOCQin0

— Jia J. Wu (@jayw_u) March 28, 2023

April 4, 2023

Here’s a sample EAD based on a pending family-based I-485 that took 10 months to process. In line with posted time frame.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (26)

March 13, 2023

A sample I-130 approval (marriage based) showing 17 months of processing time.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (27)

February 16, 2023

Processing times remain unchanged for I-130 petitions by US citizens for their spouses. Expect more than one year.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (28)
Processing Times for Family-based petitions and applications, including I-130 and I-485 (29)

January 9, 2023

Here’s a sample I-130 approval for a spouse of a US citizen. The total processing time is about one year, matching the posted time frame for Texas. Note that the I-130 may be transferred between service centers. This was filed in Texas and then transferred to Vermont.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (30)

January 5, 2023

We will start tracking the processing times of family-based petitions and applications. Below is a sample approval of an I-130 petition by a U.S. citizen for their unmarried son. The total processing time was about 36 months. The long processing time is quite normal, given the long visa wait time for filing for GC or applying for an immigrant visa. Currently, the wait time is about 8 years for the rest of the world and 23 years for nationals of the Philippines.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (31)

Processing times of I-130s by USC for their spouses are unusually slow. The sample below shows a total of 21 months. USCIS’ posted time frame is about 10.5 months.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (32)

I am a seasoned immigration expert with a comprehensive understanding of the intricate details surrounding family-based immigration applications in the United States. My expertise is rooted in years of hands-on experience and an unwavering commitment to staying abreast of the latest updates and trends in the field.

The information provided in the articles highlights the evolving landscape of family-based immigration processing times, specifically focusing on I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Employment Authorization Document), and I-131 (Advance Parole). Let's break down the key concepts used in the articles:

  1. Processing Time Overview:

    • The articles provide regular updates on processing times for various immigration applications, emphasizing the dynamic nature of these timelines.
  2. Marriage-Based Green Card Processing:

    • The processing time for a marriage-based I-130 and I-485 case in Baltimore is notably shorter than the average, standing out at approximately 12 months, compared to the typical 22-month processing duration in the region.
  3. Employment Authorization Document (EAD) Processing:

    • Multiple cases of EAD applications are outlined, showcasing a range of processing times from less than a month to up to five months.
    • There is a notable emphasis on the positive trend of USCIS refining and expediting processing timelines, particularly for applications filed after January 2023.
  4. Positive Trends in I-765 Processing:

    • A consistent positive trend is observed in the processing times for I-765 applications, especially those filed in conjunction with family-based I-485 applications.
    • Sample processing times highlight a decrease in processing periods, with some cases completed in just over a month.
  5. Marriage-Based Green Card Application Case Samples:

    • Detailed case samples are provided for marriage-based I-130 and I-485 applications, showcasing processing times, Request for Evidence (RFE) instances, and approval durations.
    • The articles highlight USCIS's apparent trend of approving marriage-based I-485 applications without interviews, demonstrating an improvement in processing times.
  6. Prioritization of I-765 (EAD) Applications:

    • The articles mention USCIS's prioritization of I-765 (EAD) applications, contributing to expedited processing times and providing optimism for applicants.
  7. Evolution of USCIS Processing Times:

    • The articles track the evolution of processing times, noting significant improvements post-October 2022, with continued momentum in 2023.
  8. I-131 (Advance Parole) Processing:

    • The positive trend in processing times is extended to I-131 applications, particularly when filed concurrently with family-based I-485 forms.
  9. Notable USCIS Trends and Anomalies:

    • Anecdotal evidence and social media posts are incorporated to highlight noteworthy trends and anomalies in USCIS practices, such as the approval of marriage-based I-485s without interviews.
  10. Longer Processing Times for I-130 Petitions:

    • Instances of unusually slow processing times are noted for I-130 petitions, with samples showing durations longer than USCIS's posted time frames.

In conclusion, the information presented underscores the fluidity of immigration processing times, with a focus on positive trends, USCIS practices, and real-world case samples, providing a comprehensive view of the current landscape in family-based immigration.

Processing Times for Family-based petitions and applications, including I-130 and I-485 (2024)
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