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Mezzacalc

I-485 AOS Pending for More than 1 Year

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Hi Everybody!

 

I am a US Citizen, I applied for adjustment of status for my mother in New York, NY, the application was received in November 2017, it has already been 17 months since then. Would you tell me, whether it is normal and there is nothing to worry about? If not and this delay is beyond normal, what shall we do (Infopass etc.)?

 

I already talked to USCIS, they said everything is fine and within processing time frame for this type of cases in NY field office (average wait time is 20-29 months). But I still think it is way too long.

 

She considers traveling outside the US using advance parole, is it risky (can she be not admitted back into the US)?

 

Thank you in advance.

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Sounds about right for NYC:

https://egov.uscis.gov/processing-times/ Family-based adjustment applications: 20 Months to 31 Months

This means they expect to adjudicate 50% of the I-485s there within 20 months, and 93% within 31 months. It's crazy long for typical processing times, but it is what it is. They're backlogged.

 

28 minutes ago, Mezzacalc said:

She considers traveling outside the US using advance parole, is it risky (can she be not admitted back into the US)?

It's never a 0% risk until you are a USC. She can be denied entry with valid AP.

It's exceedingly rare - don't commit crimes abroad, don't smuggle anything in, etc., and I would not expect any issues re-entering the US via AP.

Biggest issue/risk is the I-485 being denied while abroad (i.e. failure to show for an interview, failure to respond to an RFE, etc.).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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On 3/27/2019 at 2:47 PM, geowrian said:

Sounds about right for NYC:

https://egov.uscis.gov/processing-times/ Family-based adjustment applications: 20 Months to 31 Months

This means they expect to adjudicate 50% of the I-485s there within 20 months, and 93% within 31 months. It's crazy long for typical processing times, but it is what it is. They're backlogged.

 

It's never a 0% risk until you are a USC. She can be denied entry with valid AP.

It's exceedingly rare - don't commit crimes abroad, don't smuggle anything in, etc., and I would not expect any issues re-entering the US via AP.

Biggest issue/risk is the I-485 being denied while abroad (i.e. failure to show for an interview, failure to respond to an RFE, etc.).

 

geowrian,

 

Thank you very much for your insight.

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