USCIS Delays

According to the American Immigration Lawyers Association, there are currently USCIS delays in the issuance of receipt notices for Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-140, Immigrant Petition for Alien Workers; and Form I-765, Application for Employment Authorization (EAD), filed with USCIS lockbox facilities. If you have filed a concurrent or stand-alone Form I-485 for adjustment of status (AOS) in September, October or November 2020, you may be experiencing delays in receiving a receipt notice. While some applicants have received their receipts, a two to three-month waiting period is not unusual.

With these delays, you may be asking many questions. Here are some answers to commonly asked questions about this situation. 

What is causing the delays?

There are many factors that have contributed to the delays. The usual waiting period is 30 days, but due to a variety of factors, this process is taking much longer. Some of the top reasons for these delays include:

• Increase in the number of filings in the month of September due to an anticipation of fee hikes
• Unexpected increase in filings due to the visa bulletin movement in fall 2020
• Delays due to COVID-19, and the reduction of employees at the USCIS lockbox

What is my current status?

Your current status depends on the type of status you possessed at the time of filing and the type of case under which you filed your AOS. Receipts that were issued after months of delays are still reflecting the original filing dates. This demonstrates that the application was filed in a timely manner. 

What if my application is rejected?

There have been many reports of rejections from the USCIS lockbox. Some of these rejections were sent three months or more after the original filing date. USCIS has stated many reasons for these rejections, such as failure to; include all pages in a form, check a box, sign a form, or provide a valid filing fee. In some cases, the application did include all the information, and the rejection was made in error. Depending on why your application was rejected, you may be able to resubmit your application. The legal team at WorldWide HealthStaff Solutions, or your case manager can help you discuss your case, and what options you have. 

What about work authorization and advance parole?

Individuals who have applied for an AOS along with an Employment Authorization Form “EAD” (Form 1-765) and an advance parole document (Form I-131) are also experiencing significant delays. These delays are affecting the time it takes to process the applications, and to receive proof. Previously, processing times varied from ninety days to six months, but now is taking as long as nine months. If you plan on following up on your EAD and/or advance parole delays, it is advised you wait until after 90 days have passed. If eight to nine weeks have passed, please reach out to your case manager or the legal team at WWHSS. If six months or longer have passed, please contact USCIS online, by phone, or by filing an e-request. 

For more information on the USCIS delays and related information, please contact your case manager or contact the legal team at WorldWide HealthStaff Solutions.