The U.S. Citizenship and Immigration Services (USCIS) allows applicants to request expedited processing for certain applications, petitions, requests, appeals, or motions. However, expedited processing is not guaranteed and is granted on a case-by-case basis at the sole discretion of USCIS. This blog post will guide you through the criteria, procedures, and considerations for requesting expedited processing.
Criteria To Expedite Your USCIS Request
USCIS considers expedite requests based on the following criteria:
- Severe financial loss to a company or person: The requestor must demonstrate that they would suffer a severe financial loss if the case is not expedited. For a company, this may mean being at risk of failing, losing a critical contract, or having to lay off employees. For an individual, job loss may be sufficient, depending on the circumstances.
- Emergencies or urgent humanitarian situations: This includes pressing or critical circumstances related to human welfare, such as illness, disability, death of a family member or close friend, or extreme living conditions caused by natural disasters or armed conflict.
- Nonprofit organizations: Expedited processing may be granted if the request is made by a nonprofit organization (as designated by the IRS) and is in furtherance of cultural or social interests of the United States.
- Government interests: Cases identified as urgent by a U.S. federal, state, tribal, territorial, or local government agency because they involve public interest, safety, national interest, or security may be expedited.
- Clear USCIS error: USCIS may consider expediting a case if there is a clear error on their part that needs urgent correction.
It’s important to note that meeting one or more of these criteria does not guarantee expedited processing. USCIS carefully weighs the urgency and merit of each request.
When and How to Request Expedited Processing
In most cases, you can request expedited processing after receiving a receipt notice for your application or petition. Before submitting an expedite request, check current processing times, your case status online, and whether premium processing is available for your case type.
To make an expedite request, contact the USCIS Contact Center or use the “Ask Emma” virtual assistant on the USCIS website. Provide your receipt number and a detailed explanation of why you need expedited processing. You should also be prepared to provide evidence supporting your request.
If you have a USCIS online account, you can submit an expedite request through the secure messaging system and upload supporting evidence directly to your account.
Special Procedures for Certain Case Types
Some case types have specific procedures for requesting expedited processing:
- Adoption: Contact the USCIS Adoption unit directly.
- Appeals and motions with the Administrative Appeals Office (AAO): Mail or fax your request directly to the AAO.
- Appeals with the Board of Immigration Appeals (BIA): Follow BIA procedures for expedited processing.
- Asylum applications: Submit urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case.
- Refugee status applications: Contact the Resettlement Support Center handling your case outside the U.S.
- Refugee/Asylee relative petitions (Form I-730): Follow the special instructions on the I-730 webpage.
- Humanitarian parole requests for individuals outside the U.S.: Include information supporting the need for expedited processing with your Form I-131 filing.
- T and U nonimmigrant status: Attorneys, accredited representatives, and government agencies should email expedite requests. Unrepresented petitioners may request an appointment at a local field office or send a written request.
- Refugee travel documents for refugees who have traveled outside the U.S.: Submit requests directly to the address indicated on the Direct Filing Addresses for Form I-131 page.
- Other requests pending outside the U.S.: Submit a written request and supporting documentation directly to the USCIS office handling your case.
USCIS Processing of Expedite Requests
Due to the high volume of expedite requests, USCIS generally sends a response to requests submitted through the Contact Center but does not provide justification for expedite decisions.
A decision on an expedite request is separate from the decision on the underlying benefit request. Expedited processing simply means USCIS will attempt to issue a decision (approval or denial) faster than the normal processing time.
Certain circumstances may prolong or inhibit USCIS’s ability to expedite a case, such as:
• The need for additional actions or documentation from the requestor
• Pending background checks with third-party agencies
• Required on-site inspections
• Dependency on the adjudication of a principal’s application or petition
Conclusion
Requesting expedited processing from USCIS can be a complex process, and the decision to grant or deny the request is at the agency’s discretion. By understanding the criteria, procedures, and considerations involved, you can make a strong case for expediting your application or petition when urgently needed.
Remember to provide compelling evidence to support your request and follow the specific procedures for your case type. While expedited processing is not guaranteed, a well-prepared and justifiable request can improve your chances of receiving a faster decision on your immigration matter.
Working closely with an experienced immigration attorney can help you navigate the immigration process and avoid pitfalls that could jeopardize your request(s) and build the strongest possible strategy for achieving your immigration goals.
