AOS June 2016 Filers

[Moslund 94]

Good points Simon!! I-485 I think is very hard to predict cause once it's at the ready to scheduled for interview stage then it's down to local office which varies drastically some office are a month behind some are close to a year behind... Even still with the processing times they submit how accurate are they? It's claimed that date is the last case they dealt with BUT was is the last case that arrived at the office? The last interview? The last review after the interview? The last official approval? The last case that was scheduled an interview? Without knowing this how comparing a case just arriving at there office vs a case that just finish the interview could be months apart which can give conflicting information for last case dealt with... You also have cases that go straight to approval, RFE/RFIE can cause further delay, or the people who get waiver letter which by the looks of it is a yr or more til approval... If someone can give a realistic approval time for I-485 I would be impressed

Edited August 17, 2016 by Moslund

[Muresha 8]

Agreed :) :) Thank you for a fascinating mini-chat!!!! :)

You are welcome)! Thank you too)! Have a great day)!

[Muresha 8]

Good points Simon!! I-485 I think is very hard to predict cause once it's at the ready to scheduled for interview stage then it's down to local office which varies drastically some office are a month behind some are close to a year behind... Even still with the processing times they submit how accurate are they? It's claimed that date is the last case they dealt with BUT was is the last case that arrived at the office? The last interview? The last review after the interview? The last official approval? The last case that was scheduled an interview? Without knowing this how comparing a case just arriving at there office vs a case that just finish the interview could be months apart which can give conflicting office for last case dealt with... You also have cases that go straight to approval, RFE/RFIE can cause further delay, or the people who get waiver letter which by the looks of it is a yr or more til approval... If someone can give a realistic approval time for I-485 I would be impressed

Moslung, I am sorry, but we were talking about I-765 approval. There are no chances to predict I-485 approval: too many factors, different local offices. Mine will take at least 4 months for the interview to be scheduled and I am fine with that, once I have the EAD). Look at our timelines, since NOA your EAD approval took 81 days, mine -79, we both didn't have RFIE, so is it difficult?)

Edited August 17, 2016 by Muresha

[simonschus 58]

How long does the background check take?

I'm going to assume that you're background check is related to an adjustment of status application (e.g. from a K1).

Nonetheless, it is difficult to answer as timeframes will differ on a case-by-case basis and nobody can be exact for your specific case.

Saying that, the FBI offer guidance on rough timeframes here on page 2 [emphasis added]

FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.

That document is a little old, from 2006. However, similar timeframes are also cited in the USCIS 2016 Ombudsman report, particularly page 37:

"According to the FBI, the length of time to process a name check varies. Its processing goal is to complete a majority of checks within 30 days, with the remainder completed within 90 days. FBI is returning name check results in 30 days 93 percent of the time... According to USCIS, resolving background and security checks “is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve."

All-in-all, I think the evidence presented above highlights that the length of time for the full background check process varies on a case-by-case basis. However, it is likely to be a couple of weeks/a month for most... up to 90 days for some... and significantly longer for a few (in which case there are a few posts here/there on VisaJourney that offer advice and experiences; these can be accessed by searching). The key word in the text is 'generally' though because nobody can be sure for any particular case!

If anybody thinks the above is not accurate then please do correct me!! :)

Edited August 17, 2016 by simonschus

[simonschus 58]

Moslung, I am sorry, but we were talking about I-765 approval. There are no chances to predict I-485 approval: too many factors, different local offices. Mine will take at least 4 months for the interview to be scheduled and I am fine with that, once I have the EAD)

That was my fault sorry. I was ambiguous when talking about I-485 and I-765 processing in my post! My post was firmly focused on predicting I-765 and I-131s. I referenced I-485 in my earlier post because I was referring to I-131 and I-765s created on the basis of adjustment from I-485. Plus, it would definitely interesting to model the (if any) effect of RFIEs from I-485 on the processing time for I-765 and I-131. Moslund and Muresha are absolutely correct about the near impossibility of modelling cases for I-485 (at least, it is impossible with the data that we have access; I'm sure that wide estimates might be possible to be made by USCIS internally given that they'll have access to caseload data. In fact, I'd be surprised if they didn't do that analysis every so often).

[Muresha 8]

That was my fault sorry. I was ambiguous when talking about I-485 and I-765 processing in my post! My post was firmly focused on predicting I-765 and I-131s. I referenced I-485 in my earlier post because I was referring to I-131 and I-765s created on the basis of adjustment from I-485. Plus, it would definitely interesting to model the (if any) effect of RFIEs from I-485 on the processing time for I-765 and I-131. Moslund and Muresha are absolutely correct about the near impossibility of modelling cases for I-485 (at least, it is impossible with the data that we have access; I'm sure that wide estimates might be possible to be made by USCIS internally given that they'll have access to caseload data. In fact, I'd be surprised if they didn't do that analysis every so often).

I messed up with Muslung timeline too, I am sorry for that) So we are even:)) I hope everyone will get their approval as soon as possible)! And thank you for great conversation about Statistics and Data Analysis, I really missed it)

[Moslund 94]

That was my fault sorry. I was ambiguous when talking about I-485 and I-765 processing in my post! My post was firmly focused on predicting I-765 and I-131s. I referenced I-485 in my earlier post because I was referring to I-131 and I-765s created on the basis of adjustment from I-485. Plus, it would definitely interesting to model the (if any) effect of RFIEs from I-485 on the processing time for I-765 and I-131. Moslund and Muresha are absolutely correct about the near impossibility of modelling cases for I-485 (at least, it is impossible with the data that we have access; I'm sure that wide estimates might be possible to be made by USCIS internally given that they'll have access to caseload data. In fact, I'd be surprised if they didn't do that analysis every so often).

I find that VJ timeline for AOS tracking seems okie when you break it down to each local office... The data also lists case transfers if any, RFE/RFIE of any then the date of interview... It's not perfect you can't fully go by it but atleast it can give you a guesstimate on when yours may come along but case load can drastically change that data also in current months... My local office for 6months previous to my application average approval was 3-4months but since my application nothing has been approved but it's good piece of mind to know other people at that office are in the same boat

[D&H 2]

Sooo. Just in the same area of predicting timelines... My local office shows that it is working on i485 documents from November of 2015! ... I guess it's gonna be a long wait? LOL

[Moslund 94]

Sooo. Just in the same area of predicting timelines... My local office shows that it is working on i485 documents from November of 2015! ... I guess it's gonna be a long wait? LOL

These stats are from June 30th we are mid August currently so bare that in mind

[CLDubsFL 3]

For my biometrics, I had:

- my fingerprints taken for all fingers/thumbs on both hands (i.e. not just a single finger)

- a photograph being taken

- my signature recorded on an electronic touchscreen

I was adjusting my status from a K1 and this was my first biometrics appointment for US immigration purposes (just in case it makes a difference). It was walk-in at an ASC in Chicago late-June 2016. My biometrics appointment letter had 'Code 3' written at the top. Perhaps it makes a difference if you have already had biometrics taken for immigration purposes?

To help you, there was an interesting set of posts recently that might be of use. Maybe your biometrics appointment letter didn't have 'Code 3' but has something like 'Code 1' or 'Code 2' written at the top. These will be better than me speculating:

Code number on Biometrics Appointment Letter

Weird Biometric Appointment for EAD and AOS

Other than that, I can't be much more help but I hope I was useful in some capacity!

Simon

Thank you very much Simon!

[Soley 73]

I have been reading all updates while we were traveling; so nice to see so many receiving good news about EAD's! Congratulations!

And interesting to read all the ideas on statistics

So we finally came back to our East Coast home and found the RFIE in the mail - the neighbour was supposed to call me when it came in but she thought "Department of Homeland Security" must not be the same as USCIS, even though it had their logo underneath

However, we thought it would not hurt to prethink possibilities and concluded the RFIE might have to do with taxes so we took the time to go to the Asheville IRS office. The visit now turned out to be a good one, it's indeed about some missing tax information so we only need a few more things and will be ready to send everything out tomorrow.

I do hope this won't delay the AP!!

Has anyone dealt with that? Later EAD/AP because of RFIE?

I have also called USCIS to inquire about urgent travel. I need to be back in my home country in September for some urgent matters and am worried the AP will come too late. They told me I can do a walk in to my local office and apply for an urgent AP. They might ask for evidence though (like a death certificate, really, is that the only reason they can come up with?) and I don't really have anything to show them. Has anyone of us June filers actually done this?

[Kim Mertens 54]

I have been reading all updates while we were traveling; so nice to see so many receiving good news about EAD's! Congratulations!

And interesting to read all the ideas on statistics

So we finally came back to our East Coast home and found the RFIE in the mail - the neighbour was supposed to call me when it came in but she thought "Department of Homeland Security" must not be the same as USCIS, even though it had their logo underneath

However, we thought it would not hurt to prethink possibilities and concluded the RFIE might have to do with taxes so we took the time to go to the Asheville IRS office. The visit now turned out to be a good one, it's indeed about some missing tax information so we only need a few more things and will be ready to send everything out tomorrow.

I do hope this won't delay the AP!!

Has anyone dealt with that? Later EAD/AP because of RFIE?

I have also called USCIS to inquire about urgent travel. I need to be back in my home country in September for some urgent matters and am worried the AP will come too late. They told me I can do a walk in to my local office and apply for an urgent AP. They might ask for evidence though (like a death certificate, really, is that the only reason they can come up with?) and I don't really have anything to show them. Has anyone of us June filers actually done this?

I don't have experience with emergency AP but I do worry about it too. When do you have to travel? My belgian wedding is on october 8th, and everything is paid for already, by my parents. I am worried I might not have my AP in time and it is very very scary!

[K and H 7]

New card is being produced

[Soley 73]

I don't have experience with emergency AP but I do worry about it too. When do you have to travel? My belgian wedding is on october 8th, and everything is paid for already, by my parents. I am worried I might not have my AP in time and it is very very scary!

Hi Kim, when I look at your timeline I see:

"Based on timeline data, your EAD may be adjudicated between September 18, 2016 and September 22, 2016*."

That would give you very little time. And it's just an indication so no certainty there. Do you already have tickets back to Belgium?

if I were you I would definitely do something about it. You probably have proof, right? Reservations, invitations, invoices etc.

With the proof you could do a walk in to your local USCIS office. Show them all you have. I have no idea really if they see a wedding as urgent but I'd think it is!

I have to be back in the Netherlands before September 18; the indicator on my timeline says my EAD may be adjudicated between September 5 and September 9. If that were true there would still be the days before receiving it and I would be too late. I don't have a ticket yet, will buy something last minute. If I can't go back I'll have to take care of a lot of things from here and don't know if I will be able too. I also need to renew my passport. Much easier over there than dealing with the consulate.

Good luck and keep us updated! It's worth a visit to try I think, you must be stressed about it (I know I have my moments).

I am going to do some more research about this urgent AP. Let's keep everyone updated about anything we find out.

[pinbak 23]

New card is being produced

Awesome my date is june 1 and I've seen two may 31 dates get approved, so maybe soon!!!!

Also grats!!