When to apply for Expedite processing?

[BB & RR 2]

My NOA1 was received on 11th July for F2A, online submission.  Now should i wait certain time to request for expedite processing or i can apply right now, please help. It was California service center.

[Duke & Marie 1,389]

You can apply at anytime provided you can prove valid reason for Expidite in accordance with USCIS guidelines.. 

[SusieQQQ 11,586]

But even with a successful expedite request on processing the petition, no F2A visa can be issued before next year due to the ban.

[BB & RR 2]

1 hour ago, SusieQQQ said:

But even with a successful expedite request on processing the petition, no F2A visa can be issued before next year due to the ban.

I understand but my concern is, some people in the other plate farm said if it is requested immediately after receiving NOA1, they will reject saying in the under normal proceeding.  Do we have to give them some time before requesting?

[SusieQQQ 11,586]

10 minutes ago, BB & RR said:

I understand but my concern is, some people in the other plate farm said if it is requested immediately after receiving NOA1, they will reject saying in the under normal proceeding.  Do we have to give them some time before requesting?

You may be confusing different things. A response that something is in normal processing time is normally received when a case enquiry has been made about why a case is taking so long (but when it is not outside normal processing time that is the response you get). An expedite is an entirely different thing, that you request when one of the following apply:

 

USCIS may consider an expedite request if it meets one or more of the following criteria:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. File the benefit request or the expedite request in a reasonable time frame, or
  2. Respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

https://www.uscis.gov/forms/forms-information/how-make-expedite-request

[Duke & Marie 1,389]

9 hours ago, BB & RR said:

I understand but my concern is, some people in the other plate farm said if it is requested immediately after receiving NOA1, they will reject saying in the under normal proceeding.  Do we have to give them some time before requesting?

If you’re able to wait then the merit of your application can’t be that strong and it would likely be declined...

 

you either meet the criteria for Expidite or you don’t, and it’s better to apply sooner rather than later if the situation warrants Expidite, it’s no like your trying to speed the process just for the sake of it, it’s either a medical emergency, humanitarian, significant financial stress etc.. or it’s not 

Edited July 12, 2020 by Duke & Marie

[SalishSea 17,828]

15 hours ago, Duke & Marie said:

If you’re able to wait then the merit of your application can’t be that strong and it would likely be declined...

 

you either meet the criteria for Expidite or you don’t, and it’s better to apply sooner rather than later if the situation warrants Expidite, it’s no like your trying to speed the process just for the sake of it, it’s either a medical emergency, humanitarian, significant financial stress etc.. or it’s not 

From the OP's other thread, I got the feeling that the rationale for expediting was simply that his wife (principal DV visa applicant) and kids received their visas before him, and are now in the US, while he had to stay behind due to an issue with his medical exam. So, it is a petition under a different visa category. Wouldn't seem like criteria for an expedite if that is the case.

Edited July 13, 2020 by Jorgedig

[BB & RR 2]

3 hours ago, Jorgedig said:

From the OP's other thread, I got the feeling that the rationale for expediting was simply that his wife (principal DV visa applicant) and kids received their visas before him, and are now in the US, while he had to stay behind due to an issue with his medical exam. So, it is a petition under a different visa category. Wouldn't seem like criteria for an expedite if that is the case.

You're almost right, but since it's the case related to two small children and my spouse not being able to involve in any job being single there in the US, i am expecting i'll be considered in humanitarian background.  Let's try anyway, they have all my proofs themselves, i don't even need to prove.  By the way i was medically fit on 11th Feb 2020  .

May be a perfect request letter helps!

Edited July 13, 2020 by BB & RR

[BB & RR 2]

On 7/12/2020 at 9:38 AM, SusieQQQ said:

But even with a successful expedite request on processing the petition, no F2A visa can be issued before next year due to the ban.

Yes, There is a ban until December end, but in any way, even with expedite process in uscis and NVC, i guess it will take longer then December.  So It will be good to get earliest date possible after the ban.

[SusieQQQ 11,586]

3 hours ago, BB & RR said:

they have all my proofs themselves, i don't even need to prove.

To be blunt, that attitude will lead to denial. 
 

I don’t know that your case meets the uscis definition of urgent humanitarian need, especially as your wife recently made the decision to move without you. Your wife may want to consult a lawyer. 

[igoyougoduke 1,656]

3 hours ago, BB & RR said:

You're almost right, but since it's the case related to two small children and my spouse not being able to involve in any job being single there in the US, i am expecting i'll be considered in humanitarian background.  Let's try anyway, they have all my proofs themselves, i don't even need to prove.  By the way i was medically fit on 11th Feb 2020  .

May be a perfect request letter helps!

your inability to join your family is not a criteria for expedite request. You can try. Nothing wrong to apply and see what they say. if you get it, you get it and if not you have wait more. 

[BB & RR 2]

1 hour ago, SusieQQQ said:

To be blunt, that attitude will lead to denial. 
 

I don’t know that your case meets the uscis definition of urgent humanitarian need, especially as your wife recently made the decision to move without you. Your wife may want to consult a lawyer. 

Yes, Lets give a try! i was never lucky anyway.  Missed my second interview by 5 days.  If not then, i will wait.

[BB & RR 2]

1 hour ago, James120383 said:

your inability to join your family is not a criteria for expedite request. You can try. Nothing wrong to apply and see what they say. if you get it, you get it and if not you have wait more. 

Did you know i was already in the embassy stage, filled DS-260, completed medical and vaccinations and that enemy virus came and my second appointment cancelled a week prior to happen, and there was EO suspending all the immigrants.  I had all nine months in normal circumstances, which turned out to be less then 3 beginning months in reality.  I am still 5% hopeful that AILA who is filing a case against suspension, will win and we will win too. :P.

[SusieQQQ 11,586]

21 minutes ago, BB & RR said:

Did you know i was already in the embassy stage, filled DS-260, completed medical and vaccinations and that enemy virus came and my second appointment cancelled a week prior to happen, and there was EO suspending all the immigrants.  I had all nine months in normal circumstances, which turned out to be less then 3 beginning months in reality.  I am still 5% hopeful that AILA who is filing a case against suspension, will win and we will win too. :P.

Have you taken the time yet to contact the embassy yet and see if they can issue the DV2 for a DV1 that was issued before the proclamation? I know of at least one embassy that has done this and it was a suggestion given to you a while ago already.

[BB & RR 2]

16 minutes ago, SusieQQQ said:

Have you taken the time yet to contact the embassy yet and see if they can issue the DV2 for a DV1 that was issued before the proclamation? I know of at least one embassy that has done this and it was a suggestion given to you a while ago already.

Yes i did write them an email, They have nothing new, they sent me the same info as usual, the link to the presidential proclamation and asking to keep checking their website.  I've seen some post saying some embassies are trying to open, i will wait for confirmation before sending another email.

By the way, do you have any more information about that embassy which has issued DV2 for DV1 that was issued before proclamation?

Edited July 13, 2020 by BB & RR