How can I expedite my NVC application?
Many clients seek to have their cases expedited, but this process can be confusing and frustrating in itself. This article seeks to clarify who is eligible for expedited processing, provide detailed instructions for how to request this type of relief, as well as update our clients on a recent update which expanded the eligibility criteria for some cases.
Government Interests. The eligibility categories are described below: Severe Financial Loss: The most commonly used eligibility category is a severe loss to a person or company. In this category, a company or individual will need to provide documentation that a severe financial loss will occur if a decision on the underlying case is not made quickly. For companies, common examples include loss of a critical contract or layoffs due to lack of employment authorization. For individuals, loss of employment without other compelling factors will not rise to the level of loss needed for an expedited request.
In either scenario, the success of the expedited request will depend on the strength of the supporting documentation. This is a broader category used for when you have an urgent humanitarian matter, such as required time-sensitive medical treatment. Because this category is broad, any request needs to be supported by very detailed, thorough documentation.
Due to the time-sensitive nature of this category, it is important to work with an immigration attorney in these situations. For example, if USCIS has included the wrong date on your receipt notice and you are at risk of losing lawful immigration status, an expedite request may be the best course of action for you. Compelling U. Government Interests: Next, you can place an expedite request if there are compelling U.
This category is the most challenging to prove eligibility under. You will need to provide USCIS with strong documentation to support that the swift adjudication of your petition is required to prevent real and serious harm to U. Nonprofit Organizations: Finally, in the newest category announced by USCIS, requests will be accepted by Nonprofit organizations whose request is in furtherance of the cultural and social interest of the United States.
How to Place an Expedite Request: It is important that you place your expedite request for your case only after you have already received your receipt notice.
However, if you are persistent and ask to make an appointment, you will be connected to a live agent. Once you get connected to a USCIS agent, simply inform them that you wish to place an expedite request. They will begin to go through all the eligibility categories and explain the process. Some USCIS agents will simply check which category you are requesting under and end the conversation. The more detailed the request is, the more likely it is to be approved. After you get off the phone, you will receive an e-mail to which you can respond and submit supporting documentation to USCIS.
Make sure the documents you submit are clear and precise. USCIS officers review hundreds of expedite requests a day, so you want to present the most important information in the most efficient way possible.
USCIS will try to respond to these requests within 10 to 15 days. However, as stated earlier, USCIS reviews these kinds of requests on a case-by-case basis and it may take up to 45 days to get a response. This is an opportunity for relief for some nonprofit organizations, as the expedite category is not limited to benefit requests which are not eligible for premium processing. Since nonprofit organizations often have limited resources, this is great news. Nonprofit organizations are organized and operated for a collective public or social benefit, so expanding the eligibility categories to include those organizations seeking to project the cultural and social interests of the U.
Since religious organizations, such as churches and temples, typically have nonprofit status through the IRS, these organizations may benefit from this update.
As always, ILBSG reminds its clients that success in immigration matters depends on the strength of your documentation. Expedite requests are handled on a case-by-case basis and proper documentation is crucial to success in this area.
Even with strong documentation, USCIS can deny these requests in its discretion, so this relief is not guaranteed. In evaluating whether to use premium processing or whether an expedite request may benefit you in situations where premium is not available, please reach out to an ILBSG attorney today.
Best Practices for Expedite Request to USCIS and Recent EB-5 Success
Lack of visa numbers, workforce inefficiencies, budget issues, and a whole host of other uncontrollable and unknown factors can cause visa and benefit applications to become delayed. Especially if you have an emergency. So, what can you do? There are basically two ways to try to speed up the adjudication of a visa or other benefit application: 1 a request for expedited processing, or 2 a federal Mandamus lawsuit. This is an overview of the first option — expedited processing.
Why Ask for Expedited Processing? Take for example the growing backlogs in the processing of U visas. But what if a U visa applicant meets the requirements for expedited processing? Keep in mind that the decision whether to expedite or not is entirely discretionary. If the applicant is gravely ill, she may die before she is naturalized, and her children would not be able to derive citizenship through her naturalization.
Humanitarian reasons — the example USCIS gives in its policy manual here is where war breaks out in the home country. So, take for example a U visa applicant from Yemen who is waiting for his visa to be approved.
In the last year, fighting in Yemen has gotten much worse. Perhaps that person could request expedited processing given the recent fighting in Yemen and the inability to return there. How to Request an Application Be Expedited? There are several ways to request that your application for benefits be expedited. Ask in Writing I generally think the best first step is a written request for expedited processing.
Of course, this needs to be submitted to the correct USCIS office and should include the evidence you can provide to show you meet one or more of the expedite criteria. A persuasive cover letter or brief from your attorney should also help. When people hire me to request a benefit be expedited, I always submit these requests in writing. There are a few reasons for that.
But I prefer to have a request in writing. Third, when you submit your request in writing, you can attach evidence to show you meet the required expedite criteria. How does one do this by telephone? Representative likely has a person in their office whose job is to advocate with federal agencies on behalf of their constituents.
You can find your Senator or Representative here. We regularly help clients navigate this process by contacting their member of Congress for them and assist their constituent services staff to communicate with the USCIS on our behalf. Of course not every case can move that quickly, and sometimes you also need a bit of luck or a miracle, but having your Congressperson or Senator going to bat for you cannot hurt.
Normally you have to make an appointment in advance. Start at my.
How to Expedite a Visa or Benefit Request With USCIS
They also mentioned to send all supporting docs as a single attachment. Important Info on Calling : I called Toll free number and almost every time I am on wait time more than 15 mins, but as we are waiting for a big thing we need to be patient.
The voice mail clearly says which options to press, we need to follow those, I did not reach tier office anytime before my requests is expedited. After it got expedited I told Customer Service Representative to transfer the call to Tier 2 as I have medical therapy and I need to discontinue if I lose my income, after 3 unsuccessful attempts they finally forwarded.
But even that Tier 2 person said you have to wait 10 days after expedite is approved. This will enable us to support my medical needs. Please see the supporting documentation in one single document attached to this email. Please feel free to contact me if you have any questions or any additional information is needed from myself.
On Jan 06, received an email from Ombudsman saying your request is denied as its under processing times. The congressman was a House Representative I did not visit their office, only spoke on phone. The House representative office asked me to sign a waiver and send supporting docs along with waiver to some email id.
I did everything same day on Jan 03, Documents Submitted to Expedite to Congressman. Luckily for my case she is very friendly and elped me in expedition Expedite Request Status — Reviewing, Approved After 3 days on Jan 8, USCIS changed status to we are reviewing your request for expedition and after 6 hours same day another status change saying expedition is approved.
Sent Documents, attachment same day. No response. Ombudsman Expedite Request — Jan 2nd, Documents Sent to Congressman Jan 3rd. What did you tell to convince them to send the documents? Mistake I did is as ours is upgraded to premium after Biometrics I assumed my EAD will be approved after 10 days and simply waited. I would have got my approval if I would have done it before without wasting 10 days in between. My case Ombudsman rejected saying its under processing times but Congressman did a great help.
How can I expedite my travel and work permits?
Next day it was assigned to an officer and within few hours got a rejection notice. Step 2 : H4 Expedite using Congressman On the very same day, Jan 6th I tried to contact my congressman to see if they can help in this case. It would give a printable form of the request which needs to be physically signed.
Keep in mind that the decision whether to expedite or not is entirely discretionary. If the applicant is gravely ill, she may die before she is naturalized, and her children would not be able to derive citizenship through her naturalization. Humanitarian reasons — the example USCIS gives in its policy manual here is where war breaks out in the home country.
So, take for example a U visa applicant from Yemen who is waiting for his visa to be approved. In the last year, fighting in Yemen has gotten much worse.
Perhaps that person could request expedited processing given the recent fighting in Yemen and the inability to return there. How to Request an Application Be Expedited? There are several ways to request that your application for benefits be expedited.
Ask in Writing I generally think the best first step is a written request for expedited processing. Of course, this needs to be submitted to the correct USCIS office and should include the evidence you can provide to show you meet one or more of the expedite criteria. A persuasive cover letter or brief from your attorney should also help.
How to Expedite H4 EAD? Process, Sample Letter, 3 Experiences
When people hire me to request a benefit be expedited, I always submit these requests in writing. There are a few reasons for that. But I prefer to have a request in writing. Third, when you submit your request in writing, you can attach evidence to show you meet the required expedite criteria.