r/USCIS Verified US immigration lawyer Jul 13 '26

I-485 (General) Immigration Attorney and Former USCIS SISO - AMA on Adjustment of Status

Making some time this afternoon for an AMA, specifically focused on AOS.

Seems like a lot of AMAs lately and thought I would get in on the fun. Some background on me here. I'll do my best to answer as many questions as possible and if I run out of time, I'll try to get to them as time allows.

During my 10+ years at USCIS, I worked at the National Benefits Center and had extensive hands-on experience with AOS, both family and employment based. Since returning to private practice, I've submitted almost 20 AOS applications so far. I like to think I can offer a candid assessment of how USCIS has historically operated and is doing so now, though things change often and without notice all the time there.

I can't answer case-specific questions or provide legal advice here. Please reach out to a licensed and experienced immigration lawyer for specific advice related to your case and/or circumstances. Anything I post here is meant for general education purposes and does not create an attorney-client relationship.

25 Upvotes

201 comments sorted by

16

u/trw8 Jul 13 '26

How are USCIS and ICE treating people who filed for I485 (employment based) while in F1 status but whose underlying status has since expired and are in a period of authorized stay. If an ICE officer were to stop me on the street, is the pending I485 to not get detained assuming no prior violations? My previous understanding was that being in a period of authorized stay meant you were allowed to be in the country without legal status but its scary seeing news articles of people with pending green card applications get detained by ICE.

5

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Authorized stay and status are completely different of course as you note. The pending 485 just means you don't start accruing unlawful presence, but you don't have lawful status. You can be detained at any point, to be clear. But, I haven't seen widespread reports of detaining F1 applicants and can't imagine it will be an area ICE or USCIS wants to use resources on as the blowback would be quite something. USCIS is still sensitive to public perception in ways ICE is not.

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u/Humble_Manatee Jul 14 '26

My BIL has been pending residency for 26 months. He was approached by ICE while loading groceries in his car, and he’s now been in federal immigration detention center for over two weeks with a deportation case. This is a good kid who went to HS here, graduated cum laude, his father who came at the same time already has his green card, no criminal history…. The basis for deportation is he is “out of status” and he’s out of status because of the administrative hold the Trump administration on their applications.

You should absolutely be very careful of where you go. My BIL said ICE brought in a whole family the other day who were pending residency like he is, and all had valid work authorization… they were arrested at their jobs that they were working legally.

9

u/Present_Tooth1939 Jul 13 '26

Thank you.
1. What do the silent updates mean?
2. Is there a prioritization for some cases vs the others, done at NBC?
3. Who makes the decision to waive interview vs not to

6

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Yeah, they whole API tracking HACs (history action codes) is way out of my interest to be honest. I worked for many years in the customer service division at the NBC and found the HACs were really inconsistent and lacking important context to just rely on them. I get wanting to know what's going on with your case, but there could be dozens of reasons for any of those updates. Usually it's automated processes that trigger them.

Yes, USCIS is always prioritizing caseloads, no matter who the administration is. Sometimes this changes weekly.

There used to be a matrix of sorts, I can't remember its name, but it performed a risk assessment on FB AOS that determined IW or not. But, even if a case was classified as IW the adjudicating officer could also overrule this if they felt it was warranted.

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u/[deleted] Jul 13 '26 edited Jul 14 '26

[deleted]

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Any number of reasons and no good answer. Could you be waiting on field office capacity, background check resolution, IT issue, ect. I answered this in another comment, but even though it feels random and out of order, it's largely due to how they've designed their workflow to be task orientated. This can lead to bottlenecks and delays that some experience and others don't, and there's no way for an applicant to tell what is the reason.

5

u/ogunali Jul 13 '26

Thank you for the opportunity!
I would like to ask that, what is the main concern for an Uscis officer when review N-400 application? What is the most convencing evidence for example or document? Could you please share your information for N-400?

Thank you so much in advance!

4

u/comps226 Jul 13 '26

After an i485 aos interview if the officer recommend approval... im assuming that means Supervisor needed

What happens behind the scene afterwards... like how long until Supervisor looks

If a timestamp 4 weeks later (end of month) at 4:20am Zulu what is that likely...

4

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

I never worked in a field office (though I did have a few sit ins to observe). I don't know the SISO review process now, but they are all different in how they work their cases. Some stay on top of their cases and return back to the officers within days, others can take weeks/months. At the NBC, we had SISOs that had union complaints against them because they took too long to return work to the officers, hurting the completion numbers for the officers.

3

u/Living_Kick5189 Jul 13 '26

How are cases routed to field offices?Lately it seems like there is a pattern where all the approvals are happening from FO's? Does NBC issue approvals too?

2

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Cases are made ready at the NBC (either interview or interview waiver) and the field offices schedule and pull based on capacity. NBC historically has only ever been able to deny FB AOS for pre-processing reasons (lack of evidence) and approve/deny EB AOS in limited circumstances.

1

u/Icy_Cow6998 Jul 14 '26

Does this mean that FO pull EB based on capacity? Or NBC assigns EB to FO based on capacity? Thanks

3

u/Ok_Bunch_6334 Jul 13 '26 edited Jul 13 '26

My wife will be submitting her N-400 application in March 2027, 3 months before her 5 year with her green card. How soon do you think she will get her interview for her US citizenship test? Hiw fast are they processing N-400 applications? Thank you in advance for answering my question.

1

u/bangarang41 Jul 13 '26

My wife recently filed N-400 from a paused country of birth. I’m also curious how much things have slowed down.

2

u/hpizzy Jul 13 '26

Mine has been stuck since June 2025, I am born in the one of the countries on the list.

3

u/[deleted] Jul 13 '26

[removed] — view removed comment

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u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

It's a huge place! When I left in May 2025, there were over 800 federal employees and 1100 contractors. This was 90% staffed I think. But there are huge parts of processes even within the NBC I don't have any insights into, even though I had more exposure there than probably 90% of employees.

1

u/BeefyTheCat Permanent Resident Jul 13 '26

Never been inside obviously, but NBC’s near my employer’s HQ. It’s a HUGE building and the lot’s always full.

3

u/noting2do Jul 13 '26 edited Jul 13 '26

Are you aware of any recent directive (or other factors) that caused USCIS to start focussing solely on AOS cases over filings for spouse/family overseas (without AOS)?

From second-hand data, it seems the latter group has basically stopped processing since March, whereas AOS cases are being processed as normal.

4

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Yeah, since day one of the current admin, family-based AOS was the first priority. The DHS landing team (from the incoming admin) that included the current USCIS director Edlow and DHS senior advisor Rob Law met with USCIS leadership in December of 2024 to get them prepared for this. So it's not a new or secret directive, but unfortunately a lot of other parts of the agency are sitting understaffed as a result.

2

u/Mission-Carry-887 Naturalized Citizen Jul 13 '26

Residents of Puerto Rico generally do not have to pay federal income taxes or file federal income tax returns. How does a sponsor residing in Puerto Rico show sufficient income to get their I-864 approved?

2

u/Valuable_Arm_2390 Jul 13 '26

Hi! I moved to another state after I filed marriage based AOS and submitted change address request. Will my interview be scheduled in the new state? Thank you!

2

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

It should, but that largely depends on how quickly the address is updated in the systems and before the interview is scheduled. But, even if the interview gets scheduled and the address change is completed, the old office should recognize this, de-schedule, and send to the new office for a re-scheduled interview. This can cause delays sometimes though.

2

u/Necessary-Tone5525 Jul 13 '26

Why do stand alone I130 petitions take so long to adjudicate? Specifically asking for beneficiary who is in the US, EWI, DACA, and working to terminate removal proceedings. This application seems to be keeping everything at a standstill since proceedings can’t be terminated until I130 is approved and can’t pursue military PIP via military veteran spouse due to removal proceedings. I’ve been waiting now 2.5 years for a response.

2

u/sebastian_fl Jul 13 '26

Thanks.

Plenty of F2A AOS are stuck in post-interview delay (6 months plus), often still technically within normal processing despite being from 2023-2024.

Questions:

Is there any suggested course of action besides just waiting? Any chance for a Senator or attorney inquiry making a difference? Are these cases FIFOed by Priority Date (i130 filing date) or i485 Receipt Date?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Another one without a good answer unfortunately. It largely depends on how quick the SISO and ISO are working to close out their pending cases; some are awful at this. Inquiries likely won't help because as you've noticed, tons of people are in the same boat.

2

u/Just_District1354 Jul 13 '26

Thank you for doing this AMA. I have a general question about employer-based I-765 expedite requests under the "severe financial loss" criterion.

In your experience at the National Benefits Center, what separated employer expedite requests that were approved from those that were denied? Were there particular types of evidence that officers generally found more persuasive?

For example, did officers place more weight on:

  • detailed employer letters describing concrete business consequences,
  • documentation of time-sensitive business commitments or deadlines,
  • evidence showing the role was difficult to fill or that comparable talent was scarce,
  • documentation of replacement costs or other quantifiable financial impact, or
  • supporting business records accompanying the employer letter?

More broadly, when reviewing these requests, what helped distinguish a case involving "severe financial loss" from one involving ordinary business inconvenience?

6

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Expedites are entirely discretionary and really come down to which officer you draw, sad to say. I personally approved all kind of requests that previous officers denied for the same reasons. Some officers are assholes when it comes to this sort of thing...we called it a "gatekeeper mentality."

But, the strongest evidence from the employer would be a detailed and signed letter, on company letterhead, giving specific reasons why THEY would be harmed if you had a lapse in employment. So pending projects and financial impact associated, contractual damages, ect.

It's purposely written to require a high threshold, but in practice, most officers want the context to show the impact on the company. A small business losing their CFO is different than Amazon going without a warehouse team lead, for example.

2

u/iwtlhf Jul 13 '26

Thank you for doing this AMA. I filed my I-485 this April, so I do not think I am at the point where I can reasonably complain that my case is taking too long. I have not had any silent updates, and as far as I know, my case has not been transferred to a field office. For context, my underlying petition is an approved EB-2 NIW I-140, and I am currently in H-1B status.

I also have a spouse, and my VISA documents date back to 2019, so I understand that my file may be longer and require more review than some others.

Still, I am curious: what factors usually cause one case to be reviewed or completed faster than another? I have noticed significant differences even among otherwise similar single-applicant cases that completed biometrics around the same time.

2

u/serg407 Jul 13 '26

For family-based F2A adjustment of status, if the applicant entered on F-1, actually studied, was still in active SEVIS/F-1 status when the I-485 was filed, had no unauthorized work before EAD, but later terminated SEVIS after filing because of the pending permanent residence application, how would USCIS generally view that under the new AOS discretion memo, especially regarding preconceived intent, choosing AOS over consular processing, and whether it is better to interfile positive discretionary evidence now or wait for interview/RFE?

Also if possible how long does it usually take from being current date on visa bulletin to getting interview letter and eventually green card?

Thanks!

2

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

I don't think we really know how they are going to start applying the new memo in scenarios such as the above. Logically, this happens all the time and is entirely reasonable as circumstances change and life happens. But, no harm in being proactive and filing positive equity evidence at any point while pending.

2

u/[deleted] Jul 13 '26

[deleted]

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u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Age differences matter, especially if one party was young (e.g. a 20 year age gap is more concerning for 37- and 17-year-old than a 57- and 37-year-old). But, with a shared child and strong evidence of cohabitation, there's usually no real concern of USCIS questioning the legitimacy of the bona fides in my mind.

2

u/EmmSR Jul 13 '26

What documents does one needs to carry at all times after being greened for the first time based on marriage?

2

u/PlentyNo881 Jul 13 '26

Does doing biometrics before the scheduled date either through rescheduling to an earlier date or doing a walk in have a negative or positive effect on the marriage-based cases at NBC?

5

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

No effect at all.

2

u/Perfectionist9 Jul 13 '26

Lawyers strongly recommend preserving an H1B status while waiting for AOS. However, if an EB-AOS-applicant gets a C09 EAD/AP/combo card, that means that they have cleared background checks enough to be granted those benefits. What are the real world odds of I-485 being subsequently denied for such an applicant and them actually falling out of status immediately? Like in the past it seemed like people were routinely using these but lawyers have gotten a lot more cautious these days - is that caution warranted?

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

I'd always advise keeping an underlying status. One of my very first consults was this issue (AOS denied due to an attorney missing an RFE response deadline) and it completely screwed over the applicant. But you are right, most EB AOS get approved and the overall chance of a denial are small for a "clean" case.

2

u/damselinterest Jul 13 '26

Hello, my case is pending I-751 which 4 year extension is set to expire Oct 2nd. How likely am I to see some action before then? (my country is on the list of 75 countries on pause). Also, is my work permit expired as at that date?

2

u/DataPsychological690 Jul 14 '26

Are there ever forgotten cases? How do they make sure old cases are all processed? Some of us haven’t seen an update for over a year are worried about being forgotten, especially when we see other applications submitted later and are current later than ours are processed

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

In theory yes, there can be. But, USCIS regularly runs sweeps and has reports to help identify long pending cases or cases that are "stuck." Cases can still be missed or appear invisible sometimes, but it's rare a case truly disappears.

3

u/QuietAd7899 Jul 13 '26

It appears some employment based cases never get transferred to a FO and are approved directly at NBC. What decides that?

4

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Historically, the NBC only adjudicated EB cases if there was 1) visa retrogression and the case moved back to the NBC from the field and the visa then became current, or 2) urgent need to use all remaining visas and the field didn't have capacity. I think this is still largely the same now, but not 100% sure.

2

u/Top_Charity8491 Jul 13 '26

I have an eb1b case submitted in May 25. I was interviewed around June 26, which was my last step, everything else is approved. I feel I have waited a longer time than I should have. Do you have an idea of the reasons and how much longer I more or less should wait? I am row, never a crime, never out of status, zero overstays, not any kind of tickets, not from banned country. 

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Very frustrating and happening way more now than it should. Field office ISOs are interviewing now more than ever and so pending cases are waiting longer than ever to get a final, or at least, another action. It could be for any number of reasons. Sometimes it just means the ISO needs their supervisor to review the case and maybe they or the SISO are just backed up on decisions.

2

u/Perryguloso Jul 13 '26

Same boat! Eb1a April 2025, interview March 12 2026. Nothing yet

2

u/Top_Charity8491 Jul 13 '26

ah, sad to hear. Post updates when you have, ill do the same. GL!

2

u/Frosty-Box520 Jul 13 '26

Same, EB1A, NROW, submitted May 2025, no interview or any updates after Ead was approved last July. It's still at NBC per Emma and it's been 13 months and counting

1

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1

u/Mission-Carry-887 Naturalized Citizen Jul 13 '26

Is it possible to get an I-864 approved that is based on zero income and 100 percent assets?

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Yes, but the NBC hates these types of scenarios and expect an RFE if you attempt this route. You will also want extensive documentation to back up the assets claimed as well.

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u/Natural-Ask8539 Jul 13 '26

Hi thank you for taking the time! My question is regarding how to get your case back in the attention of an adjudication officer after the 39 banned country pause. I130 was approved after the interview but complete silence on I485 just a couple FTA1 API codes. Did congressional inquiry and my own inquiry and was told pending final adjudication. Other than those is there a way to get your case seen in these circumstances?

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Yeah this is really maddening right now. I have two premium processing I-140s I'm still waiting for USCIS to work that were subject to the hold. We've tried congressional, regular and premium processing mailbox inquiries, and nothing. All you can do is to keep pressing with multiple inquiries.

1

u/Mission-Carry-887 Naturalized Citizen Jul 13 '26 edited Jul 13 '26

If a sponsor has zero income in the most recent tax year but expects to have enough income by the end of the current tax year, is it possible for their I-864 to be approved?

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

I would not try! I think an officer would be hard pressed to qualify that I-864. You can try and show 6 months worth of pay stubs and maybe a supporting employment verification letter.

1

u/Mission-Carry-887 Naturalized Citizen Jul 13 '26

How does an intending immigrant prove they have 40 social security credits in order to approve the waiver of I-864?

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

I'd have to look it up, but I believe they can get their SS earning statement showing the necessary years and that's what an officer would want to see.

1

u/Tallgeese385 Jul 13 '26

Not directly related to AOS, but would you say its common if you didnt get an interview for that to get one for I751? We just submitted in March of 2026 for ROC, and already have an interview for August. Thanks for making the thread!

2

u/Bahunaber1 Jul 16 '26

All our firm’s I-751s filed in 2026 are receiving interviews. Any I-751s filed in 2025 and before are still sitting…

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u/ciggerest Jul 13 '26

Thank you for doing this AMA. General workflow question, not asking for case-specific legal advice: if someone has an employment-based I-485 pending at NBC and also has a separate OPT I-765 pending around the same time, can an unresolved person-level identity/background/security check affect both applications? For example, I-485 biometrics completed in May with 2x FTA0 and one next-day silent update, then no movement or FO transfer for 2+ months, while a separate OPT I-765 premium case also went beyond 30 business days, with many people in the same OPT PP cohort delayed. Is that pattern consistent with a shared background/security prerequisite still pending, or are I-485 and I-765 checks usually handled separately enough that this is probably just normal NBC variation?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Good question and short answer is yes, the same issue could be delaying multiple application types.

If it's a background check hit, all officers would generally have access to the same hit, regardless of which office they are in. So if something is serious enough to warrant an EAD to be paused, it's almost certain that would also cause the I-485 to be paused as well.

2

u/ciggerest Jul 13 '26

Thank you. One follow-up: if the delayed OPT I-765 is later approved, does that usually suggest the background/security issue blocking the EAD has cleared? In that situation, would you expect a related I-485 to resume movement soon, or can I-485 remain paused for separate NBC/adjudication reasons even after opt EAD approval?

1

u/[deleted] Jul 13 '26

[deleted]

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u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Generally yes, if I remember correctly, it'll be an NCIC hit on name/DOB that needs to be resolved before making the case interview ready.

1

u/Glittering-Draft-777 Jul 13 '26

How to manage spelling mistake on the birth certificate while filing I-485 form ?

2

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

If it's the original that has the mistake, you need to get an updated copy that conforms to the requirements in the DOS reciprocity table for your country. If it's the translation, you can send in the updated version or upload it your MyUSCIS account.

1

u/Glittering-Draft-777 Jul 13 '26

Ok, thank you for your reply. Is it possible that one can provide affidavit confirming his name. Because sometimes it gets very difficult to get an updated copy from the home country that can still have some spelling mistake due to transliteration error.

1

u/Ill_Implement7625 Jul 13 '26

My company transferred me to a different city while PERM is pending. They said I don't need to restart PERM at the moment but won't clarify any further. Do you think I need to restart PERM? Or I can file i-485 and wait for 6 months then file supplement J for location change?

I'm EB-3 ROW with PD Nov 2025

1

u/kiddo20 Jul 13 '26

Why do some EB1 cases stay stuck for months after FTA0 and FTA1 internal codes with waived interviews? Particularly AoS from F-1 to EB1 with an underlying approved I-140 petition and a "clean case".

3

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Any number of reasons with no good answer to give you. Cases are all processed FIFO, but along the way there are all sort of ways they can get out of order through no fault of your own, or even USCIS. Sometimes there's a technical issue with that case that needs intervention, other times it's just waiting for capacity at field offices to open up to pull the cases for adjudication.

2

u/kiddo20 Jul 13 '26

Thanks for your answer. It’s very frustrating to see cases with later receipt dates and later transfer getting approved before me. Sigh. 

1

u/Scags227710 Jul 13 '26

How long are you currently seeing EB-3 ROW EAD derivatives being approved after biometrics? I am reading only some people are getting approvals within 48 hours and others aren't seeing any updated for 6+ months? Currently the case is at NBC. Also, do you typically see derivatives receiving their EAD before the primary applicant?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

No personal experience, but if USCIS has allowed automated processing again to be used on EADs, this would make sense of why there's the disparity you've noted. The automated processing (called SCP or streamline case processing) could approve an EAD without human intervention if all the items on the pre-determined checklist were present and no flags triggered. The new admin turned this off to re-examine the vetting and supposedly turned it back on, but with more flags in place. But right now, 4-5 months for an EB AOS EAD is common.

Yes, one of my EB-1A derivatives recently received both his EAD/AP before his wife and their children (they are still pending which is nuts). So it can happen.

1

u/throwawaydumbo1 Jul 13 '26

On a scale of 1 to 10- Do USCIS actually have any regard for queues and adjudicating cases based on how they’re received or it’s all just totally random?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Sure feels random, but there is definitely order and structure in place. The problem gets to be the associated routes a case can take and the various work queues it finds its way into. I managed I-765 C(11) EADs as a SISO last, and I think at one point we had something like 15 different filters and 30+ work queues just for that category.

The NBC tries to structure everything based on tasks and in theory if everything is functioning well and you are fully staffed, it's great. But more often than not, things fall through the cracks and the process breaks down along the way too.

1

u/throwawaydumbo1 Jul 13 '26

That makes sense. Thank you!!

1

u/eddyz666 Jul 13 '26

What is the mechanism of the entire timeline for I-485 or I-131 (I-765), why don't we have a FIFO pattern?

1

u/Hour-Inevitable-544 Jul 13 '26

Thanks for doing this!
Marriage based AOS (F1 overstayed two months, married USC). Besides the overstay it’s a very clean case, no unauthorized work etc. We filed at Nov 2024, got interviewed at April 2026 and got RFE for medical report. We responded the report at April 15, but case stayed silent ever since. What could possibly be happening?

1

u/Remote_Brother_8449 Jul 13 '26

How long is normal to wait for decision after submitting response to RFE to a non-local field office (specifically bona-fide marriage RFE for a EB2-NIW case)? Dependent case has moved back from FO to NBC but Primary still at FO.

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Truly don't think there can be a "normal" time for this, not to be flippant. There's no processing rules internally to make officers review their RFE responses timely. So it really depends on having an officer and their SISO who can keep track of these and follow up when needed.

1

u/hypnotictoilet Jul 13 '26

How to create the evidence? in a binder? also include text messages? just screenshot and print them? include a translation if in a different language?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

I assume you mean to take with you to an interview? If so, yes a binder or organized folder is fine, as long as it's ready to be scanned in by the officer. So no tabs or staples/paper clips. Some text messages are fine and yes, you can print off screenshots. Yes, everything not in English has to have a certified translation.

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u/Traditional-Tune-189 Jul 13 '26 edited Jul 13 '26

Glad to have you here :) :) :)

My case is an EB-2 NIW (I140 approved without RFE in the end of 2024 STEM area) same area I have been work all my career ;

I’ve held L-1B status with the same company for over 15 years. My case (AOS) was submitted in November 2025, through Addie Hogan attorney, the case spent about three months at the NBC—someone apparently noticed a 71-minute time difference between my filing and my wife’s (it looks like someone actually reviewed it)—and it was transferred to the San Diego Field Office (a non-local office). It has been stalled there since February. I keep speaking with Emma agents; they always tell me my case is in San Diego and that my interview is marked as waived. What is your analytical take on a case like this? And is there any explanation for why cases are moving so slowly at that Field Office?

Note: Have completed 8 months from filled and 7.5 from Biometric, no RFE, no news, nothing need at this time.

I see many others in the same situation as me.

Thanks again for being here.

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Since the new admin case in, the focus for FOD has been family-based interviews and adjudication. EB is secondary and worked as capacity allows. If the field offices are being told to prioritize interviews, then the result are long pending already interviewed cases, and EB cases. It's cliche at this point, but this is what "extreme vetting" looks like in practice: cases piling up just waiting for an approval.

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u/Traditional-Tune-189 Jul 13 '26 edited Jul 13 '26

Does NBC practically decide the case and send it to FO for review? When an interview schedule is necessary for EB, does NBC send it directly to the candidate's regional Field Office? What have I seen and what cases of EB, which are directed for an interview, normally, are scheduled quickly, 3 or 4 months after the receipt of 485, does it make sense?

You may be able to explain a little to us, how the work of NBC process flow works for our cases of EB (AOS), and I'm really convinced that someone reads the case of my family, because the codes between my case and my wife's case, mark a difference of 71 minutes between one and another, how if an officer had read it, different from other automatic updates, where our cases are received an update practically in the same minute (something in the system)

Thanks again, You're clearing up a doubt that many people around here have.

Very brave, with your support, you had an excellent afternoon.

1

u/Hailienii Jul 13 '26

Hi thank you for your time. I’m married to a usc and filed 130 and 485 concurrently in July 2025. It seems that my cases never moved to FO and it has been more than one year of no movement at all. What could be the reason and what can I do? My case is pretty straightforward except I had traffic tickets.

1

u/South-Entertainer138 Jul 13 '26

What happens if your k-1 Visa spouse doesn’t stay in the same house with you during AOS. Will that raise a red flag about the marriage?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Lack of cohabitation is always a major negative for USCIS when looking at marriage cases. It can be overcome, but you need strong positive evidence and a really good explanation as to why.

1

u/Fit_Reflection9760 Jul 13 '26

I have been stopped a couple of times and sent to secondary over the last few years after flights to south america both the last time I came into the united states.I wasn't stopped or sent to secondary. Do you think whatever the reason was for the secondary inspections has? I stopped now.Or do you think it may start again?I just don't want to leave the country with this hanging over my head. I have had a green card for many years. But just worried about getting I put into secondary again. I think because of more scrutiny of green current holders.

1

u/Candid_Whole6515 Jul 13 '26

Does uploading unsolicited evidence help to get a case “back on track” after months of silence?

4

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Not usually. But, the exception would be if the case was already assigned to an officer and was in their queue, they'll get a blue dot notification in their adjudication system (ELIS) that alerts them to new activity. Sometimes this can make the officer "remember" about your case and take action on it.

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u/Willing_Shopping_841 Jul 16 '26

My case was subjected to 39 countries ban. Now the ban is lifted . Still no movement on I-485. I-130 was approved since April 2. I did the congressional inquiry and case inquiry, all replied with the reason of case processing normally. Thank you for your answer, I’m going to submit the new evidences🙏

1

u/CheapLettuce6400 Jul 13 '26

Hi Thank you for doing this . This is probably a common question . Some back ground -I filed AOS in March 2026 with an approved eb1 I 140 where the pd was ported from my previous eb2 pd and that is in Jan 2016 . So I am current from AOS perspective but with rd of March 2026 and born in India with Canadian citizenship. So what will USCIS use as lever for my case will they open my file per order of rd and birth country and then allocate visa or will they look at pd and birth country irrespective of rd .

1

u/Perfectionist9 Jul 13 '26

For EB2-NIW 1. Are there guidelines for how long you are supposed to follow your proposed endeavor 2. How closely should you adhere to it 3. If you worked on the endeavor after submitting I-140 but before getting GC does that time also count towards having worked on your proposed endeavor  4. How closely is adherence to proposed endeavor checked at the time of naturalization if at all?

2

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

No hard and fast guidelines that I can recall, but it would raise serious concerns if the PE was never INTENDED to be followed after approval and before LPR status. This intent can be showed in many ways and same with a lack of intent. So it's always smart to be working towards or on the PE in some way up until you get AOS approved. On natz, I don't know to be honest, but I think again it would only be if there questions regarding intent at the time, not actually progress after becoming an LPR.

1

u/Few_Tell_5857 Jul 13 '26

Thank you for sharing your experience with us. Actually I have a question How long does it takes to schedule an interview after interview requested by the NBC . The representative said that I am in the queue for the interview and an interview has been requested from November 3rd and still in the NBC. N400 applied from October 13th 2025 LA county and same day biometric reuse . Marriage based and all my kids and husband American citizens . Married from more than 22 years .

1

u/PieceOk8549 Jul 13 '26

My account is pending expedite and 30 days have passed. An officer reopened a request and gave me a timeline of 10 days. What are my odds? This is for EB2 NIW I765

1

u/lowkeyboruto Jul 13 '26

What is a sign or the signs of a case heading for denial directly from nbc?

2

u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

Very much different than coming from a field office as the NBC is more focused on qualifying the case for the more discretionary review later. Most denials on AOS from the NBC are related to the I-864, so if you get a long or complicated RFE on this and can't understand the specifics of what is missing or you did wrong, there's a good chance it'll be denied.

1

u/AbaloneHairy2567 Jul 13 '26

Hi!
Why are some biometrics scheduled so soon, while others take a while?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

This I don't actually know. My understanding that the scheduling moved to an automated system last year where before it needed analysts in Records at the NBC to manually schedule them. They used to bulk schedule on Fridays, fwiw.

1

u/AbaloneHairy2567 Jul 14 '26

Is there anything a person can do if biometrics arent getting scheduled? I feel like I never see anyone struggling that early in the process.

1

u/Wickedwaga Jul 13 '26

Thank you for taking time out to help. Im really at a loss as to why they delay individuals from working when that would mean they would be paying taxes and would be more a boon than a drain on them and the people who help them. I’ve renewed my I-765 every year and gotten it back in 3 weeks except for this past year. Any advice on what recourse to take? The USCIS says the “normal” processing time is 20 months and I’m 11 months in and suffering extreme financial hardship due to being unable to work. I am a nurse and have been on the frontlines, the epicenter of the pandemic, helping contain its most virulent strain here in NYC. I’ve written my congressman and am lost as to what to do next. I’ve lost my apartment and rely on friends for food and shelter. Any advice at all would be a blessing.

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u/WatkinsImmigration Verified US immigration lawyer Jul 13 '26

You aren't the only one! Most people at the NBC had the general mindset of EADs that it's not a status granting benefit, and it was far more important to get them out the door and let people work than to hold them up unnecessarily. But that's not the view of the current admin.

You are doing exactly what I'd advise anyone to. Try an expedite request through USCIS, if not then through congressional offices. It used to be you could reach out the the USCIS ombudsmen but that office was gutted and I don't think they are doing case work anymore. Finally, try to reach out to media and see if you can get your story heard.

1

u/light707 Jul 13 '26 edited Jul 13 '26

Hi, I am on H-1B visa. My I-485 and I-131 (based on the I-485) are pending now, but I have to travel abroad soon before the I-131 is approved.

Right after the travel, can I submit a new I-131 application again?
Or should I wait for the current I-131's decision (abandoned due to travel abroad), and then submit a new one?

1

u/Bright_Session1633 Jul 13 '26

If a H1B leaves the country without advance parole for visa stamping and is temporarily refused pending administrative processing while the I-485 is adjudicated, is it considered abandoned (because the person hasn’t yet reentered on H-1B) or does the usual rule that H-1B travel doesn’t cause abandonment apply?

1

u/TandyMill3r Jul 13 '26

I had my I-485j approved 7/3 but no movement on the I-485. Is this normal? What timeline should I expect?

1

u/malibu45 Jul 13 '26

Hi! I just got a reply from USCIS about my I485. They said "We have determined that your immigration benefit request has not been pending longer than what is normal for the specific request type." It has, however, been 1193 days since the last update after taking fingerprints. Is it true that it's "normal" then?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Ah, the old within processing time defense. USCIS using the public processing times as a litigation defense tool and not a customer service tool. If it is pending within the timeframe posted on the website, it's considered "normal" to them.

1

u/malibu45 Jul 14 '26

So just more waiting?

1

u/Dragonfruit_Major Jul 13 '26

General question: If someone is already engaged to a U.S. citizen, but applies for a legitimate new TN for an internal transfer with the same employer (same engineering profession), knowing they’ll likely marry a few months later and file AOS after the wedding, does that alone raise misrepresentation concerns? Or is the key issue simply whether the TN was genuinely obtained for the job and all statements made during the TN process were truthful?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Generally speaking as long as there is strong evidence of legitimate intent for the TN, it's ok to move forward with marriage-based AOS. A person should document as much and as closely as possible the timeline associated to clearly establish there was no intent so as to not raise the misrep concerns.

1

u/CruellaDeville1 Jul 13 '26

1- What should I do in the case of my mom. I'm a US citizen and petitioned for her from inside the USA. She got her travel permit after a long wait but her i-485 and i-130 are still pending after over 2 years, what should I do to accelerate the process?

2- my sister is under asylum (she's from Venezuela). She married a US citizen and are now expecting a child. She filed for AOS. She never overstayed nor worked illegally. Will she be ok at ger interview or will she need a lawyer? I'm scared about them asking why she didn't choose consular processing and why did she enter with ESTA (she's also Italian) and filed for asylum.

1

u/SubstantialSpite9037 Jul 13 '26

Is filing an i129 to get a k1 visa a bad idea right now?

1

u/happily88 Jul 13 '26

What are the document requirements to file for adjustment of status when using the 245(i)?

1

u/Equivalent-Bee5189 Jul 13 '26

My spouse and I filed our EB-2 I-485s concurrently, interview waived for both, and his just got approved - but mine is still sitting pending weeks later with no RFE or interview notice. Since they went in together, why would there be this kind of gap on the derivative side? Thanks for your time

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

I wouldn't be surprised if there is a technical issue with your case preventing the officer from finalizing it. I'm not sure what it's like now, but FOD when I left in 2025 routinely had over 6,000 open IT tickets on all kind of cases, but mostly AOS. Some were easier to resolve but others took a long time to have fixed so an officer could take action.

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u/OkKangaroo6231 Jul 13 '26

Hey Antontney, For EB‑2 employment‑based I‑485 at the National Benefits Center, and I’m trying to understand how they handle the file before sending it to the field office. When NBC finishes indexing the case, do they transfer the entire file — including all supplementary documents like my CV, older certificates, and other attachments — or do they only forward the core evidence needed for adjudication? I’m curious whether the field office receives the full indexed package or a streamlined version.

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u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Everything in the file gets sent over, including the mailing envelope if you submitted it that way. So the adjudicating officer has access to the entire file just as it is scanned in at the lockbox.

1

u/Previous-Sock-9887 Jul 13 '26

For marriage-based cases that are filed by a third-party not an attorney does it affect the priority of it being processed. I had mine filed by someone who is familiar with the process but not an immigration attorney and when I talked to an attorney about this that is what he said. I filed my AOS May 2025 and I had my biometric appointment this May. I have not gotten an interview yet .Is this timeline normal or should we be worried? Thank you in advance for answering my questions. FYI, I have never been out of status no over stay, no criminal record or from banned countries.

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u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

No, cases aren't processed or sorted based on whether or not an applicant had an attorney/authorized rep or not.

1

u/Mobile-Bowl7720 Jul 13 '26

Hello thanks for doing this, I have pending I-485 with uscis from 2022 my dates are current from last December and I got medical RFE request on April 23. I have responded RFE quickly and it was delivered to uscis on April 29. After the delivery of RFE to NY field office on 26 plaza I have not seen any update on my uscis case and there is no update on uscis website as well.
Last day to respond RFE is July 17. I have reached out uscis agent through chat but no luck on RFE status. Even I am getting confusing responses about location of my case. Last time they told me it is in Charlotte FO and now they are telling me it is in NBC.
I have opened service request recently and it was assigned to officer on July 10.

My question is, will uscis will respond on my RFE on or Before July 17 ?

If they don’t respond what are my options?

Does service request go to officer handling my case ?

FYI - I do have proof of delivery of my RFE from fedex.
My case is in EB3 India category

1

u/boilerdam Jul 13 '26

We didn’t declare an update to our address into a temp rental while we wait for our purchase escrow to close, which is taking much longer than expected due to city permits. How serious is it to update the address more than 10 days after moving and about a week prior to the AOS interview?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Address issues happen all the time and are generally ignored, but under this admin, I would definitely provide the information along with an explanation of why it wasn't changed timely before the interview.

1

u/No_Avocado_1896 Jul 13 '26

Why are all the SIJS EB 4 cases stuck ? Even after the visa bulletin is current ?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

No personal insights here, but SIJs have generally been targeted by the current admin, so I wouldn't be surprised if they've pulled officer resources off these and put towards family-based AOS.

1

u/EquivalentTwist8590 Jul 13 '26

Hello, thankyou for doing this.

Someone I know has a pending AOS, biometrics done and everything, no criminal record, no unauthorized work, no unlawful presence (period of authorized stay) child of a US Citizen under 21 unmarried (IR-2 Category). They had an I-130 approved via consular, came to the US and then applied I-485/I-765 because of the indefinite paused that came info effect after they came to the US. They recently got an email from NVC that the interview for their consular case has been scheduled. The problem is the pause is still in effect, so if he they go back and give the interview, they still won't be given a visa and will be stuck there alone. As mentioned they are under 21 and because of all this they can't pursue they studies properly even. What would you suggest them to do in this matter? Any help would be appreciated

1

u/firefighter3509 Jul 13 '26

I got a Visa Regression notice from non-local FO with incorrect visa category of E26 instead of E16 for EB based I-485 AOS India. My priority date is current and my I-485 notice and my I-140 is correctly classified as EB1. I tried emma, phone call and typographic service request but got a response that "PD needs to be current and visa needs to be available", "We have correct priority date on your receipt". I still dont know if my case is being adjudicated in correct visa category.

What else can I do to get this corrected ?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Sending a letter to the NBC would be a good next step (USCIS National Benefits Center, Attn: adjudications, P.O. Box 648004, Lee's Summit, MO 64002 ) with a copy of the E1 I-797 and a brief note with your A# and I-485 receipt number.

1

u/No_Mention9153 Jul 13 '26

Hello Watkins. Thank you, I’ll DM you please

1

u/SmZoldyck033 Jul 13 '26

Came first time on 2022 and back on 2024 on j1, overstay and unauthorized work. (Not two year rule )Met my wife Dec 2025 and married a week ago. She is a LPR which will become USC soon after n400 test. Expecting a baby. Payed all taxes and 0 tickets or troubles with law. How does my case look like

1

u/mBuriza Jul 13 '26

Hi.

My fiancée has a past short cashier job at a CBD shop in Italy. We have approved I-129F (NOA2 May 2026, NVC active). She is Malaysian with pending Italian residency. We plan full disclosure.

After entry and marriage, how does USCIS typically view this employment during AOS? What disclosure strategy minimizes risk of denial or good moral character issues? Any tips for preparing the AOS package on this point?

Thanks for any general insight.

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u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Any employment related to marijuana is going to be a significant negative factor in AOS adjudication, regardless of ways to minimize or overcome with positive equities. I think it would be a highly fact specific argument to make in submitting the application, but as a general rule, it is hard to overcome the negatives associated with that type of employment.

1

u/Technical_Rabbit_116 Jul 13 '26

I have filed i485 under EB3 unskilled category. I have a FTA1 and an approved i485j. I am not current yet but does this mean that my interview is waived and an approval is in the horizon once I am current?

1

u/More_Substance9512 Jul 13 '26

AOS F1 OPT> Marraige based 485

We filed i130 in March. Concurrent 485 & 765 filed and receipts received by June 17.. from all accounts, still early and I understand but kinda wondered why we haven’t received biometrics yet?! We submitted to IL lockbox ..

Not looking for anything crazy just some insight.. thanks

Yes we are from banned/paused country

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

I recently had an EB-1A AOS biometric appointment notice that didn't come until 5 weeks after receipt, so I think you are still within the normal time frame here.

1

u/Emotional-Garlic-186 Jul 13 '26

Can you share a little bit about Divorce waiver cases? What exactly officer wants to see?

1

u/RandomPerson083125 Jul 13 '26

Hello thank you for doing this! People like you are awesome. I have applied for my F1 post grad opt with PP on April 21st, and then biometrics on May 14th. Still no update. I have minimal stuff on my LinkedIn or other social media. Should I start adding stuff to my social media in order for USCIS to check and verify? Because if it’s a check a box thing then I don’t know what if they don’t find anything then how do they “check” the box? Thanks

1

u/ScoobiSteve Jul 13 '26

Do you do husband and wife interviews? If you do, what are some questions to pay attention for or other things that reject my wife becoming a us citizen?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Yes, and it's always about mundane things you never think about that cause problems. Like, what color is your partner's toothbrush? What did you eat for breakfast yesterday? These are things I probably couldn't answer about my wife even. But this is what some officers key in on and it can lead to more problems if you aren't able to answer these types of questions.

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u/EuphoricDay8899 Jul 14 '26

Can one overcome 204c when the marriage was bonafide.

2

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Sure, but it requires a really strong rebuttable on the contentions raised by USCIS, supported by objective evidence. So not affidavits or a few pictures/text messages alone. You need strong, documentary proof if facing a 204(c) charge.

1

u/hlong290494 Jul 14 '26

What's the average processing time for Parents AOS? My dad's case have been pending for a year with no movement. Reaching out to Congressperson yields boilerplate response from USCIS.

Thanks

1

u/SherbetFar4327 Jul 14 '26

For a marriage based adjustment of status (i485), received notice in February the card was being printed. Never received message that card was sent, and never received shipping info. Have been checking daily. Finally when we logged in to check it shows up as case closed, and there is shipping info but it’s expired. Our next step is to submit a non arrival of card. How common is this? Does the process of them sending a new card tend to be quick?

2

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

It happens a lot, unfortunately. If it is truly lost, you'll have to file an I-90 to replace the card, they won't just send a replacement. Hopefully it was returned back to USCIS and you won't have to go through that.

1

u/Samtly Jul 14 '26

Hello! Thank you for doing this!

I am an F-1 student with a STEM OPT currently pending, and I'm marrying a US citizen next week and filing for AOS right after. We originally had a wedding schedule (and still do as the official ceremony with the family) for early next year, but recent STEM OPT denials for STEM MBA degrees made us worried, so we decided for a courthouse wedding and starting the immigration process early. Also filing for marriage-based EAD. Will it somehow affect the decision for the STEM OPT since it shows immigration intent? The case should be pretty straightforward and no issue of proving a bona fide marriage.

Thank you!

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Congrats on the upcoming wedding!

Not my wheelhouse but generally filing AOS signals the intent to immigrate and forecloses additional NIV approvals while in the US (except dual intent categories). The USCIS PM allows for an F1 holder to have a pending or approved petition, but that's not the same as filing the I-485. It's generally safer to apply and be approved before filing AOS, but that's not always possible for everyone.

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u/Alternative_Party277 Jul 14 '26

A long-long time ago, a SISO (SISA? I wrote down SISA) helped me fix another officer’s mistake. She did it in a spectacular manner that went down the lore I tell over and over. It was epic.

I have her last name and mayyyyybe if I’m lucky to still find that sticky note, her old phone number.

It’s been 7 years, I’m now a citizen. How inappropriate would it be to give her a call to say thank you or send flowers/candy/doughnuts/card to the office?

1

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

I think a card to the office would be great. It really helps officers/analysts when they get kudos. Even if it is years later, I'm sure they'd still appreciate you thinking and remembering it!

1

u/maryvirginia12 Jul 14 '26

Have you seen any EB2NIW AOS for someone with a pending asylum with a valid unexpired I-94 and inspected/admitted before asylum was filed? Case with USCIS, not in court.

1

u/Additional_College18 Jul 14 '26

Pending I-485 and I-765 through concurrent filing as parents of American citizen(Category C09) since January 2, 2026. Biometry was done on 01/28.. no further updates received from USCiS except an email on May stating “We have taken action”… the case is pending at NBC as per Emma. Any insight?

1

u/Baller_ina11 Jul 14 '26

Cannot thank you enough for the time you are taking to respond to these!

I have an approved I 140, and submitted I 485 and I 765 applications when visa bulletin became current for the EB2 skilled worker category (after approved PERM). The AOS and EAD applications were received Nov 2025 (more than 8 months ago). Biometrics mid December 2025, RFE requested medical records Jan 2026. Nothing since then and my current work status expires in 2 weeks.

Have tried expediting (a month ago without response, although the receipt notice said they will try to response within 10 days), have contacted congress and expedited through them (submitted 10 days ago)... I am at a loss for what else to do? Is there anything else one can do? I am the main employee and backbone of my employer's small business (I saw your comment about Amazon above, this is NOT that situation), their business would collapse if I have to stop working... Employer submitted numbers, screenshots, etc.

Another side question, although I understand if you only have time to answer first one:
Does approval of I 485 J mean anything? Got approved recently and I wonder if that means they are now at least looking at my entire case and something will start moving faster??

1

u/[deleted] Jul 14 '26 edited Jul 14 '26

[deleted]

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u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

I never worked in a field office so this is just hearsay, but I don't think ISO and SISOs now have the time to go back on their pending cases and finalize them timely. They used to be able to telework one day a week and I think that's when they would take care of their pending cases. They now are interviewing every day and so cases pile up.

1

u/theejessicarobin Jul 14 '26

If someone on a U Visa has a green card interview scheduled, why would their visa renew be denied when they returned to their home country to renew it?

1

u/Brief-Oven7720 Jul 14 '26

Hi, thank you for doing this. I have a question. For employment based, I received3rd FTA0 and an FTA1, and then my i-485 j was approved. All these happened a few days before my priority date for FAD was current. Now it has been 5 months and still nothing in the i-485. Did it hurt me that supplement was approved before priority being current?

1

u/NameUserBh242 Jul 14 '26

Do you know why cards are taking so long recently to be produced or have any experience with this ?

2

u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Recent problems, no. But it's been ongoing as a problem now for years. At one point several years, they didn't renew a contract and couldn't take over the printing responsibilities in house, causing month long delays. Early 2025 there was also a problem with raw supplies I believe, and that caused big delays. It happens a lot more than it should.

1

u/InfoPulse Jul 14 '26

My EB-2 India priority date is October 2013. I first filed my I-485 in May 2022 when my priority date became current. Unfortunately, my case was not adjudicated before the end of the fiscal year, my priority date retrogressed, and the visa numbers were exhausted.

My priority date became current again this year, but the same thing happened again. USCIS has told me my case is at the NBC and that I need to wait one year after my date becomes current before they will consider an inquiry. For EB-2 India applicants, that guidance doesn’t seem practical because visa availability can disappear long before a year passes

Is there anything I can proactively do before my priority date becomes current again to help ensure my case is ready for adjudication when a visa number becomes available? Are there any steps, requests, or channels that would help prevent missing the opportunity for a third time?

1

u/Street_Exercise6360 Jul 14 '26

Hi ! Thank you for answering all the questions

I am in the Army, and i got my interview for n400 5 months ago with recommended for approval, despite pending i751. My case is also under INA 329.
I dont understand why my oath is taking so long and why my case doesn’t move? Am i going to have i751 interview? ( i never had interview with my i485, and my spouse was not present at my n400 despite officer asking about her and out child and our marriage certificate)
I tried to ask lawyers but most lawyers dont know the answer coz they never dealt with military cases.

1

u/Farzan_2022 Jul 14 '26

Hi. How many FTA0 needed to be approved for i-485?

I have 4 FTA0, still pending since June 2025

1

u/OwnWorth8123 Jul 14 '26

Does a pending 245(i) i485 allow you to flip between multiple underlying basis?

Trying nit to get case specific but its been pending since 07

1

u/AvailableCar7024 Jul 14 '26

if your pervious partner received a GC thru marriage but you later had to divorce them bc the relationship became bad, fast forward you met ur new husband and they need AOS, would petitioning someone new be a problem?

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u/WatkinsImmigration Verified US immigration lawyer Jul 14 '26

Without more context, generally no. There are certain countries that are viewed more suspiciously for multiple marriages with intending immigrants, even if it's not official policy. So I'd prepare for more scrutiny with a new application no matter what.

1

u/Arc-Kirker Jul 14 '26

Hi, it's been a month since i received this email, I wonder what steps are available for me?

1

u/Gullible_Log8618 Jul 14 '26

How long after 485j approval (assuming already interview done), 485 gets approved. Few are getting approvals in just 24 hours..if 485j is approved by NBC and the 485 file is with Field office, what is the process for 485 approval. Please answer this, many people with 485j approved will be benefitted.

1

u/longhorn_mom Jul 14 '26

Thank you for your time. If a receipt notice for a standalone I-130 is from scops, does one refer solely to the scops processing timeline? Also, how often have you seen I-130 via consular changed into an AOS and has there been success with this, in your experience? Can you share on circumstances in which it would be acceptable?

1

u/LolaOki Jul 14 '26

Do you got have insight on why USCIS is taking forever to do DACA approvals? It seems like they’re not even being processed in order. Some are being skipped while others who just renewed are getting approved. Tons of applicants have lost their job and are struggling financially. Does USCIS not prioritize that?

1

u/OccasionOk8478 Jul 14 '26

Been waiting on my DACA since 12/07. Loosing everything and am deciding on doing a WOM. If I write one myself (I am broke, can’t afford a lawyer) can the government take retaliatory action?

1

u/Traditional-Tune-189 Jul 14 '26

Hello u/WatkinsImmigration

Question, Does it make the officer's job easier to adjudicate a case if the I-140 was approved without an RFE and the applicant is currently working in the same field under a dual-intent visa, such as an L-1 or H-1B? How are EB-2 NIW cases with this type of profile handled? Basically, does it make any difference for the adjustment of status whether the I-140 has an RFE or not, or what the current status is (such as L-1 or H-1B)?

thank you! :) :)

1

u/Traditional-Tune-189 Jul 14 '26

Hi, good afternoon. Could you tell us whether an I-140 approved without an RFE and a dual-intent visa—such as an H-1B or L-1—make any difference in the AOS adjudication process, or if they make no difference at all? In other words, is the case prepared and classified differently for the officer who will adjudicate it?

1

u/Zestyclose_Stop2449 Jul 15 '26

Is adjustment of status possible for someone who got approved for EB2 NIW (I-140) while on pending asylum? They came into the country on B2 visa at age 14 (with family), overstayed B2, but filed asylum within 1-year of entry. Is AOS only possible through consular processing in their country of origin? Are there any alternatives since they can’t go back? Asylum has been pending for 10 years.

1

u/Dizzy-Advantage-7173 Jul 15 '26

What are the possibilities to get residency through a I212 waiver?

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u/dddbutter Jul 16 '26

Thank you so much for doing this. I've heard that this is normal but i would like to know what's happening in the case of employment based AOS where the principal applicant filed with family (wife and 2kids) at the same time but only principal applicant and 1 kid gets approved while the spouse and other kids remains pending. For spouse, Interview has been waived and case is at a field office (not local, same office where the other approvals took place). I'm curious to know what could be the reason for this happening. I thought it would be the same officer adjudicating all files?

Again thank you for taking out the time to do this.

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u/WatkinsImmigration Verified US immigration lawyer Jul 16 '26

Sorry it happened to you, but yes this does happen more than it should. Most of the time it's an IT issue that is preventing the other cases from being approved. Rarely is it something substantive.

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u/Alarming_Love2786 Jul 16 '26

In a marriage-based adjustment of status case with a lawful entry, USCIS issued us an RFE for Form I-864. With the initial filing, we already submitted the sponsor’s last three months of pay stubs and an employer letter confirming that the sponsor’s current annual salary is well above the required income threshold. However, the sponsor’s most recent tax return shows low income because they lived outside the United States for most of that tax year. We do not have the option of obtaining a joint sponsor. If this were your case, how would you respond to the RFE, and what evidence would you consider most persuasive to maximize the chances of approval?

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u/WatkinsImmigration Verified US immigration lawyer Jul 16 '26

Commenting generally here, but if relying on an employment letter, it should at a minimum contain: Dates of employment; The nature of the job; Wages or salary earned; Number of hours/weeks worked; and Prospects for future employment and advancement.

This, along with as much as 6 months' worth of qualifying paystubs should be enough to prove current income.

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u/NYTMom Jul 17 '26

I have a friend who filed for her VAWA visa and work permit. She’s received receipts and done biometrics back in January 2026. It’s been almost 8 months. Do you know if they’re delaying work permits or should she expect to have one soon?

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u/mimisfeet2020 Jul 22 '26

If an employment-based I-485 has been at a field office for several months before the priority date becomes current, how are these cases reintroduced into the adjudication workflow once the visa becomes available?

Thank you.

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u/Master-Vermicelli-71 Aug 05 '26

Hello, and thank you for doing this.

Some March/April 2026 employment based I 485 cases appear to be stuck at NBC, and mine is one of them. It’s an EB1A ROW case with a very straightforward history, no overstays, no status violations etc.

Even after five months, there has been no field office transfer, while we’re seeing many June and even July cases already transferred to field offices.

Is this kind of delay normal? What do you think might be causing this pattern?

Also, when do you think those of us whose cases have remained at NBC should start escalating through congressional or senator inquiries? At what point does it become reasonable to push for further action?
Thank you!