Questions & Answers

What might cause the delay of an adjustment of status?

I submitted my I-485 application on July 18, 2013 and then successfully completed my interview on December 10, 2013. However, I still have not received my AOS temporary status card. What is the normal processing time for this? What might be some reasons for why I have not yet even received my temporary card?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on July 11, 2014

  Generally, a USCIS officer tells you at the end of the interview whether an approval is recommended and the card arrives shortly after that (about 30 days). If this did not happen, a letter should have been given to you at the conclusion of the interview listing a reason of whether additional review was necessary, etc. Your attorney should be able to make an inquiry with a local field office.

• Lei Jiang

  Immigration Attorney

  Answered on June 9, 2014

  A delay could be caused by various reasons, but your attorney should be able to follow up with USCIS.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on June 5, 2014

  Normal processing time for an employment-based I-485 application is about four to six months. This process takes longer if the USCIS conducts an adjustment of status interview, which is what happened in your case. Depending upon what happened at the interview, six months should be sufficient time for the USCIS to complete adjudication of your application. You or your attorney should follow up an Infopass inquiry appointment to the district office where your interview was conducted. There could be a need for you to redo your biometrics or submit other updated documents. Also, your case might be delayed for various background checks or other immigration file interview.

• Ying Lu

  Immigration Attorney

  Answered on June 4, 2014

  Normally, a decision will be made very soon after the interview. You should ask your attorney to follow up this issue with USCIS or NBC if the case was moved to NBC.

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 4, 2014

  The USCIS web site has estimated processing times (USCIS.gov), but delays can be caused by any information provided on the forms, supporting documentation, or during the interview that the adjudicating officer may need to review.

• Ed Beshara

  Immigration Attorney

  Answered on June 4, 2014

  Usually with an I-485 adjustment there is no interview. If there was, the USCIS may be in the process of adjudication and therefore you will have to make inquiries. If the process continues beyond a reasonable time and there are no answers to your inquiries, then you can legally file a mandamus action in federal court to require the USCIS to make a decision.

• Sufen Hilf

  Immigration Attorney

  Answered on June 4, 2014

  There are various factors that can delay your I-485 application process. Your attorney should follow up with USCIS to find out the reason(s). If the reason is for background check, then it is difficult for your attorney to push your case through. The only option to move your case forward is to file a mandamus action in the federal court.