I-485 expedited ( but expediting is slow ) [merged threads]

[JohnnyForeigner 34]

9 minutes ago, Mike E said:

These authorized stay vs lawful status issues were covered at length in 

 

 

Yes. And for most day to day life - authorised stay is enough.

 

But certain activities require the person to be legally present ( and the legislation defines what they mean by legally present  )

 

In my case, the legislation covering my field of work defines it as entered legally and has unexpired i-94 or parole. I believe the definition was written before "authorised stay" was coined. 

 

There is one precedent in case law where a person who was in "authorised stay" was convicted of a felony. He appealed and it was granted ! The DOJ appealed to a higher court and they confirmed that for the purposes of that legislation, authorised stay is not legal status.

Edited August 21, 2023 by JohnnyForeigner

[SalishSea 17,744]

Perhaps, as you're now finding since "expedite" doesn't mean "as fast as you want," that is just the deal when you adjust from a nonimmigrant visa/ESTA vs being petitioned for an immigrant visa...

[JohnnyForeigner 34]

50 minutes ago, SalishSea said:

Perhaps, as you're now finding since "expedite" doesn't mean "as fast as you want," that is just the deal when you adjust from a nonimmigrant visa/ESTA vs being petitioned for an immigrant visa...

Regardless of expedite or status before the interview, most applicants hope for a decision on the day or soon afterwards.

 

If I had NOT expedited - waited the 32.5 months for an interview, then had to wait for weeks/months for a decision, I would still be asking what I asked in the OP.

 

You infer that the delay is punishment for adjusting from a non immigrant visa. You have any evidence that those who aos from non immigrant visas are deliberately delayed ? Or just guessing ? 

 

Do you have reason to believe there is a pattern of AOS decision on the interview day for immigrant visa holders and held back for review if non immigrant visa ?

 

 

Edited August 21, 2023 by JohnnyForeigner

[SalishSea 17,744]

24 minutes ago, JohnnyForeigner said:

Regardless of expedite or status before the interview, most applicants hope for a decision on the day or soon afterwards.

 

If I had NOT expedited - waited the 32.5 months for an interview, then had to wait for weeks/months for a decision, I would still be asking what I asked in the OP.

 

You infer that the delay is punishment for adjusting from a non immigrant visa. You have any evidence that those who aos from non immigrant visas are deliberately delayed ? Or just guessing ? 

 

Do you have reason to believe there is a pattern of AOS decision on the interview day for immigrant visa holders and held back for review if non immigrant visa ?

 

 

We waited three weeks after my husband's interview for the status to change to "new card is being produced."  Same day approvals are the exception, from what I've noticed.

 

I have no evidence regarding USCIS internal protocols or workflow.  They do not disclose such info, AFAIK.

 

I was not inferring any such thing as "punishment."  We can only speculate that some types of AOS processes attract more scrutiny than others.

 

What I do know is that VJ newbies often have unrealistic expectations of the term "expedite" as it pertains to US immigration.  It doesn't equate to "fast."

Edited August 21, 2023 by SalishSea

[JohnnyForeigner 34]

13 minutes ago, SalishSea said:

We waited three weeks after my husband's interview for the status to change to "new card is being produced."  Same day approvals are the exception, from what I've noticed.

 

I have no evidence regarding USCIS internal protocols or workflow.  They do not disclose such info, AFAIK.

 

I was not inferring any such thing as "punishment."  We can only speculate that some types of AOS processes attract more scrutiny than others.

 

What I do know is that VJ newbies often have unrealistic expectations of the term "expedite" as it pertains to US immigration.  It doesn't equate to "fast."

Ok - I was under the impression ( reading here and elsewhere ) that more were approved on the day than held back for review.

 

If that is not the case and its "usual" to have to wait a few weeks after interview, fair enough.

 

I still do not get why you bring immigrant vs non immigrant into it.

 

As I understand it, they interview when they have collated all required info.  Whether immigrant or not. So why would it be an issue as to whether a decision is made on the day or not ?

 

[SalishSea 17,744]

1 minute ago, JohnnyForeigner said:

So why would it be an issue as to whether a decision is made on the day or not ?

It wouldn't.  That's not what I meant.  My husband adjusted from a visa he was properly petitioned for, and the GC took 3 weeks.  This was out of a legendarily busy field office.

 

Perhaps your field of work itself attracts extra scrutiny?

 

When people adjust from a K/CR/IR visa, the background checks and vetting has been completed by the consulate as part of the visa process.  When you adjust from a nonimmigrant visa/ESTA, that step has not been completely to the same extent.

 

[Redro 4,611]

23 minutes ago, JohnnyForeigner said:

Ok - I was under the impression ( reading here and elsewhere ) that more were approved on the day than held back for review.

 

If that is not the case and its "usual" to have to wait a few weeks after interview, fair enough.

 

I still do not get why you bring immigrant vs non immigrant into it.

 

As I understand it, they interview when they have collated all required info.  Whether immigrant or not. So why would it be an issue as to whether a decision is made on the day or not ?

 

That’s not quite true.

Some IOs say the I130/ I485 is approved but it just means they are going to recommend it is approved. For immigrant visas outside the US, background checks are usually conducted AFTER the interview. Basically the interview is conducted to make sure the relationship is legitimate then after interview background checks start. You’ll see from some countries people undergoing extended AP (administrative processing) after interviews sometimes as long as 1 year! There is a form called the DS5535 applicants have to complete that can delay the issuance of the immigrant visa. Some people think they can circumvent extended background checks by moving to the US and adjusting status inside… sometimes they receive the green card in good time other times USCIS delays issuance (as they are conducting background checks and don’t know if they can approve the i485) of the green card and the beneficiary ends up receiving a 10 year green card as opposed to the 2… 

Edited August 21, 2023 by Redro

[JohnnyForeigner 34]

14 minutes ago, SalishSea said:

It wouldn't.  That's not what I meant.  My husband adjusted from a visa he was properly petitioned for, and the GC took 3 weeks.  This was out of a legendarily busy field office.

 

Perhaps your field of work itself attracts extra scrutiny?

 

When people adjust from a K/CR/IR visa, the background checks and vetting has been completed by the consulate as part of the visa process.  When you adjust from a nonimmigrant visa/ESTA, that step has not been completely to the same extent.

 

I too was "properly petitioned" for.

 

I doubt my field of work attracts extra scrutiny. It is very common line of work here - more so than Europe. I was not asked a single question about it at interview.

 

I doubt they conduct an interview before they have finished their checks / vetting. 

[JohnnyForeigner 34]

4 minutes ago, Redro said:

That’s not quite true.

Some IOs say the I130/ I485 is approved but it just means they are going to recommend it is approved. For immigrant visas outside the US, background checks are usually conducted AFTER the interview. Basically the interview is conducted to make sure the relationship is legitimate then after interview background checks start. You’ll see from some countries people undergoing extended AP (administrative processing) after interviews sometimes as long as 1 year! There is a form called the DS5535 applicants have to complete that can delay the issuance of the immigrant visa. Some people think they can circumvent extended background checks by moving to the US and adjusting status inside… sometimes they receive the green card in good time other times USCIS delays issuance (as they are conducting background checks and don’t know if they can approve the i485) of the green card and the beneficiary ends up receiving a 10 year green card as opposed to the 2… 

Interesting info - thanks.

[SalishSea 17,744]

3 minutes ago, JohnnyForeigner said:

I too was "properly petitioned" for.   Really?  I guess I was confused because your timeline says you filed for AOS on the same day that you arrived in the US.

 

I doubt my field of work attracts extra scrutiny. It is very common line of work here - more so than Europe. I was not asked a single question about it at interview.  And yet you couldn't have done the work with an EAD?  Most jobs that require green cards (law enforcement, for example) could engender extra vetting.

 

I doubt they conduct an interview before they have finished their checks / vetting. They absolutely conduct additional background checks/vetting post-interview.  After all, there will be content that comes up in the interview that needs to be checked.

 

[Redro 4,611]

9 minutes ago, JohnnyForeigner said:

I too was "properly petitioned" for.

 

I doubt my field of work attracts extra scrutiny. It is very common line of work here - more so than Europe. I was not asked a single question about it at interview.

 

I doubt they conduct an interview before they have finished their checks / vetting. 

When @SalishSea says “properly petitioned” she means she petitioned her husband for K1 and he adjusted status while he was in status.

You circumvented the process because you came in on ESTA or B2/B2 and then applied for adjustment after your fell out of status. This complicates your immigration journey. You haven’t told us how long you were in the states out of status. You haven’t told us your relationship history. You haven’t disclosed your type of work. There might be some major red flags we don’t know about impending your ability to adjust or it could just be your FO dragging their feet and everything is fine…. For example: when there are issues out of some field offices the entire process is delayed 1-2 months. So, your adjustment could be right on time and you could get your GC next week or there could be major issues with your case and you’re about to get a NOID. Not enough information about your case to really make a determination. 

Edited August 21, 2023 by Redro

[SalishSea 17,744]

Just now, Redro said:

When @SalishSea says “properly petitioned” she means she petitioned her husband for K1 and he adjusted status while he was in status.

You circumvented the process because you came in on ESTA or B2/B2 and then applied for adjustment after your fell out of status. This complicates your immigration journey. You haven’t told us how long you are in the states out of status. You haven’t told us your relationship history. You haven’t disclosed your type of work. There might be some major red flags we don’t know about impending your ability to adjust or it could just be your FO dragging their feet and everything is fine…. For example: when there are issues out of some field offices the entire process is delayed 1-2 months. So, your adjustment could be right on time and you could get your GC next week or there could be major issues with your case and you’re about to get a NOID. Not enough information about your case to really make a determination. 

Right.   I said "properly petitioned for a visa," which OP was not.

[JohnnyForeigner 34]

6 minutes ago, SalishSea said:

 

I do not recall entering my date of entry on the timeline.

In any case - I did not get married and start AOS on the day I arrived in USA !!!!

 

EAD is NOT enough for Law Enforcement or any other job involving firearms as an expired i-94 renders one a prohibited person.

 

As to extra info coming up at interview - in mine, every question was confirming what I already gave in paperwork. Nothing new was disclosed.

Edited August 21, 2023 by JohnnyForeigner

[JohnnyForeigner 34]

4 minutes ago, SalishSea said:

Right.   I said "properly petitioned for a visa," which OP was not.

I did not circumvent anything. 

 

The visa I arrived on was properly obtained. And I had no immigrant intent ( I still had a house and business in UK )

 

I found myself in circumstances beyond my control and applied for AOS in a manner allowed by legislation. 

[SalishSea 17,744]

5 minutes ago, JohnnyForeigner said:

I do not recall entering my date of entry on the timeline.   Dude, it's there.   

In any case - I did not get married and start AOS on the day I arrived in USA !!!!

 

EAD is NOT enough for Law Enforcement or any other job involving firearms as an expired i-94 renders one a prohibited person.  LOL, I KNOW that.  That's exactly why I said it requires a green card!

 

As to extra info coming up at interview - in mine, every question was confirming what I already gave in paperwork. Nothing new was disclosed.  Then why worry?