Why is my I-485 adjudication still pending if India is current on the visa bulletin? - EB5Investors.com

Why is my I-485 adjudication still pending if India is current on the visa bulletin?

My I-485 was received by California SC on April 29, 2019. My country of birth is India and my biometrics was completed in June 2019. But I still have a pending I-485 adjudication. Is this delay normal even though according to the visa bulletin, India has been “current” since Feb 2020? Do I have any options to expedite?

Also, I have applied to renew my AP since it will expire in couple of months. Would my application to renew AP be abandoned if I leave the country on my current AP? I plan to be back in the U.S. before my current AP expires.

Answers

Julie Daniel

Julie Daniel

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Once the number becomes current, the processing time will start ticking and it can take many months, depending on which office is processing the application, and if there is to be an interview. The work and travel documents can continue to be renewed as long as the application is pending.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Adjustments are taking almost two years so nothing surprising here. As for your travel permit, one would have to review the documents before advising, but generally if you return before the current advance parole expires, you should be admitted. However, be cautious when traveling because some airlines may not let you board with an advance parole since they not sure what it is.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The Visa Bulletin is only one factor in adjudication. You need to check the USCIS Case Processing Times for the District office where you are located. If outside the normal processing time, then file an inquiry with the USCIS Customer Service Office. Yes, if you leave without the advance parole you are abandoning your permanent residency application. If critical to travel, go through the steps to get an emergency advance parole at the local office. Call the USCIS Customer Service and request an INFOPASS appointment for this purpose.

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The Visa Bulletin is just the availability of a green card for someone from the country. The processing times are a different calculation done by the USCIS (https://egov.uscis.gov/processing-times/). And I-485 processing times can be very long. For more information about case processing times and reading your receipt notice, visit the Case Processing Times page: egov.uscis.gov.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The CSC is taking more than two years to process EB-5 based adjustments. The best likely the only way to speed it up is to file a Petition for a Writ of Mandamus.

Dale Schwartz

Dale Schwartz

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

What category are you in? EB-5?

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.