Expediting Your Immigration Case

Unknown.jpegMany clients want to know about getting their case expedited for various reasons.  This is especially true for those filing the I-485 application, who are counting on getting the EAD card quickly so that they can work.  While it is not impossible to get a case expedited, it can be difficult.  According to USCIS, there are 7 reasons why they will expedite a case:

  • Severe financial loss to company or individual
  • Extreme emergent situation
  • Humanitarian situation
  • Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
  • Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
  • USCIS error
  • Compelling interest of USCIS

Some examples of the above that USCIS gives are:

  • For extreme emergent situation: If the applicant is gravely ill
  • For Humanitarian reasons:  outbreak of war in your home country
  • Nonprofit:  a nonprofit that broadcasts in regional areas to promote democracy

These, most certainly, are not the only reasons USCIS will expedite cases.  For example, while the fact that the applicant is seriously ill is certainly an emergent situation, so is the fact that the applicant’s relative, and the applicant needs travel permission to visit their relative before they pass away.  However, it is important to note that this is a discretionary decision made by USCIS, so even if you feel your case fits in one of the above areas, USCIS can still deny the request for almost any reason.

It is also important to keep in mind that, even when USCIS does agree to expedite the request you may not actually receive the benefit you are looking for any faster than if you had just wanted for the normal approval.  USCIS can take 30 days or more to make the decision and get the case adjudicated even with an expedite.  The last thing to keep in mind is that if Premium Processing is available for the application, USCIS will not consider other expedite requests (except for non-profit organizations).

Before filing an expedite it is always a good idea to discuss the matter with your attorney to ensure that the best possible case is filed and all relevant procedures are followed.  Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s