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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

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    Julie Daniel

    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.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    What category are you in? EB-5?

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    Belma Demirovic Chinchoy

    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.

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    Salvatore Picataggio

    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.

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    Lynne Feldman

    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.

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    Bernard P Wolfsdorf

    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.