At what point does an I-485 processing delay become unreasonable?
My attorney submitted my I-485 form in December 2012 and it is still pending. I have asked my attorney to follow-up on the delay, but they say that these slow USCIS processing times are normal. Is there anything more that can be done at this point? At what point does it become appropriate to inquire about a processing delay?
Unless there are fraud issues, security background check delays or other administrative processing issues, this appears unreasonable. If your I-485 is outside the officially posted processing times, your attorney should make an inquiry with USCIS. You may also schedule an INFOPASS appointment to your local USCIS office.
It depends. "Average" processing time depends on jurisdiction (service center) where you filed your I-485. You should discuss with your attorney about the best course of action and inquire if he/she would recommend you to make an INFOPASS appointment with the USCIS district office nearest your residence to check on the status of your application in person.
According to USCIS, I-485 applications to register permanent residence or to adjust status for employment-based adjustment applications are being processed at the December 16, 2013 receipt date at the California service center, and are estimated to take four months in Texas. It may indeed be time for an inquiry.
Processing times for all application types are posted publicly by the USCIS. If your I-485 was filed before the posted processing time listed for the particular service center, then someone needs to follow up with the USCIS and make an inquiry/open a service request. This is done usually by calling the National Customer Service Center (NCSC) 1-800# for the USCIS. There are some situations where an I-485 might take that long because of security check delays or other administrative processing issues, but it is unusual, not normal, for I-485 processing to take a year and a half. As of the most recent posted processing time report, the Nebraska Service Center is processing I-485 applications in about four months and the California Service Center is processing I-485 applications filed in December of 2013.
Thank you for your inquiry. One and a half years appears too long for an I-485, assuming there are no issues. Because retrogression is very likely in the EB-5 category in the immediate future, you should speak with your attorney about how you can get a decision as quickly as possible. There are steps that can be taken.
Unfortunately, there is not much that can be done, I would advise that your attorney be persistent and follow up regularly. Often the delays are unreasonable but there are many factors that contribute to it.