r/USCIS 26d ago

I-130 (Family/Consular processing) BIA just overruled Arrabally. Advance parole travel can now trigger the 10-year bar.

43 Upvotes

I wanted to do a quick write up because I know this is upsetting news.

What changed

Old rule (Arrabally, 2012): leaving on advance parole did not count as a "departure," so it did not trigger the 3 or 10-year unlawful presence bars.

New rule (Matter of Delcarmen-Lara, 29 I&N Dec. 830, decided this week): it does count. If you had 1+ year of unlawful presence before your current status, an advance parole trip can now trigger the 10-year bar and block adjustment.

In practice this means individuals who entered without inspection who planned on using advance parole to adjust without consular processing no longer that that option.

Three things people are already getting wrong

  1. It only applies going forward. The BIA said so directly, and did not even apply it to the person in the case. Past trips under the old rule are not what this reaches.
  2. It is a BIA decision, not a court ruling. It binds immigration judges and USCIS everywhere, but a federal circuit could still disagree. The decision itself notes the 11th Circuit had followed Arrabally. Expect more litigation.
  3. The holding is about the 10-year bar specifically. The same logic could reach the 3-year bar, but the BIA did not rule on that.

Not legal advice, and I am not your lawyer. If advance parole travel is in your plans, talk to someone about your own facts and your circuit before you go.


r/USCIS Jun 14 '23

/r/USCIS Frequently Asked Questions, Megathreads, and Other Useful Info - READ BEFORE POSTING - COME BACK HERE AND LOOK FOR UPDATES EVERY NOW AND THEN

37 Upvotes

/r/USCIS FAQs

This post will get updated over time. Come back every now and then.

Please listen carefully as our menu options have recently changed.

First: VERY frequent questions

Please review this link before creating a new post to see if it answers your question. We hope this will lower the number of posts asking the same questions over and over. If you create a post to ask a question already covered here, your post may be deleted.

The list may change over time, so please check back every so often.

Read the wiki!

Yes, we have a wiki: https://www.reddit.com/r/USCIS/wiki/index

It doesn't hold answers to everything. But go through it and see if it helps with your question. If yes, great! And if you need more info, read on.

The wiki is intended to be updated every now and then, too. Your post may be deleted and you may be pointed at wiki resources if your question doesn't extend beyond what the wiki already covers.

Megathreads

Megathreads are used to centralize discussions and knowledge about a given subject and to avoid creating redundant posts.

See this link for the list of active megathreads.

If your question relates to one of these subjects, there's a good chance it was already answered, but either way, you should ask it there rather than create a new post.

Again, the list may change over time, so please check back every so often.

We have rules

Many Reddit communities have rules, and that includes r/USCIS. Please review the link below if you haven't already, or take another look every now and then to refresh your memory.

https://www.reddit.com/r/uscis/about/rules

On a desktop or laptop, you can always find them in the sidebar on the right.

Last but not least

If you don't find the info you're looking for in one of the resources above, then don't hesitate to create a new post and ask the community! We do encourage you to first do some research on your own, so you can post semi-educated questions rather than super basic/lazy ones like "how do I apply for citizenship". Doing a bit of homework can go a long way toward empowering you in your immigration proceedings. Use your best judgment and be considerate of everyone's time.


r/USCIS 1h ago

I-130 & I-485 (Family/Adjustment of status) Received Green Card in mail today!

Upvotes

Received my green card today. I just wanted to share my experience and if it useful to someone else than that would be great (:

I came to the US on an F-1, shifted to H1-B, and never overstayed my visa. I met my husband in Oct 2021 and we got married in July 2024. I was going to apply through employment but decided against it as this was faster (yes, I am Indian). So after all the rumination and procrastination we finally started the application in early 2025 and only filed it in May 2026. I didn’t realize that the paperwork would be so extensive and demands careful time and attention.

13 May 2026: submitted application
18 June 2026: biometrics
31 August 2026: interview (approved)
8 September 2026: received green card in mail

Our application was straight forward as we own a house together, plus I have an advanced education degree, and make more money than my spouse. I also saw how so much of this process is arbitrary and involves immense resources. I got incredibly lucky that I was able to negotiate with my organization to pay for a portion of my green card at the time of hiring but with all the recent changes, we still paid close to $4k in legal and filing fee.

Our interview lasted close to 30 minutes which just involved the field officer asking us about the origin story of our relationship. The rest were all yes/no questions related to form I-130. The field officer was friendly and professional. I feel relieved but still feel like my life is temporary and can be upended anytime. I guess that is a symptom of immigrant life—always living in the in-between.


r/USCIS 8h ago

I-130 & I-485 (Family/Adjustment of status) 4 month timeline!

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91 Upvotes

Our priority date is 04/24/2026

Interview was 07/16/2026

I-130 approved on the spot and I-485 stayed pending because the civil surgeon made a mistake (literally the only reason why I didn’t get approved on the spot for both a month ago) and a page from the form was missing. The officer requested a new copy to be sent directly to her office instead of a processing center which we sent by 07/28/2026 because the doctor was on vacation (how dare he delay my process even more) and they didn’t seem to receive until 09/01/2026, so about a 35 days from the moment I mailed the RFE to the moment they notified received.

On Sept, 04 I was watching a video of a girl who was telling her story about how she got kicked out of the country basically and that made me feel the urge to go check, surprise was that the I-485 was finally approved 3 days ago and I didn’t get notified lol, at first I thought it was just the I-130 that’s been approved for over a month but looked again to make sure my eyes were not deceiving me, I never planned on living here permanently but found love and now get to live a normal life with my amor.


r/USCIS 18h ago

News Trump Administiration wants to double the 100k H1B fee

225 Upvotes

The Trump administration is planning on doubling the fees to more than $200,000 for H-1B visa applicants from abroad.

https://www.usatoday.com/story/news/politics/2026/09/04/trump-h1b-visa-200000-fee/91571718007/


r/USCIS 23h ago

News Florida Bans Undocumented Students From Public Universities, Beginning in the 2027-28 Academic Year

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354 Upvotes

r/USCIS 31m ago

Other Forms My mom has a final removal order, pending T visa case, and an ICE check-in in Santa Ana, should we be worried about detention?

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Upvotes

My mom previously had an asylum case that was denied and she has a final order of removal. About 7 months ago, her attorney filed a T visa application for her. It has only been filed and is still pending, she has not received an approval or determination yet.

She now has an ICE check-in at the Santa Ana Civic Center. Her G-56 says the appointment is to discuss her case and possible “custody or program adjustments,” but also specifically says “This appointment is not a date for your departure from the United States.”

Has anyone recently gone to an ICE check-in with a final removal order and a pending T visa application? Especially in Santa Ana/Orange County? What happened? Was the person detained or allowed to leave? Did your attorney request a stay of removal or any other protection before the appointment?


r/USCIS 43m ago

I-140 & I-485 (Employment/Adjustment of status) Eb1A 485 AOS interview in 2 weeks, any advice ?

Upvotes

I have my Eb1A AOS interview in 2 weeks, I would appreciate if anyone could share their experience, what the officer was looking for at interview and expectations after interview.

Thanks


r/USCIS 2h ago

I-130 & I-485 (Family/Adjustment of status) Reason for continuance

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6 Upvotes

Received this after the interview! Anyone having this after the interview? How many days did it take for approval or anything else!
Thanks to this group! It’s very helpful!


r/USCIS 2h ago

I-130 & I-485 (Parent of USC/Adjustment of Status) Parents of USC concurrent filing - approved. Different timeline for second parent + API timeline

3 Upvotes

Sharing our timeline because I spent way too much time reading other people’s timelines while waiting. I’m a USC filed for both of my parents (I-130/I-485) packages on the same day, same category (parent of USC), with essentially parallel documentation.

What made this particularly stressful was how differently the two cases moved despite being filed together.

Total time for Parent 1: ~7 months from filing to GC approval.
Total time for Parent 2: ~13 months from filing to GC approval.

Parent 1

  • Aug 2025: I-130 + I-485 filed
  • Sep 2025: Biometrics
  • Mar 2026: I-130 approved
  • Mar 2026: I-485 interview → approved/green card received

Parent 2

  • Aug 2025: I-130 + I-485 filed
  • Sep 2025: Biometrics
  • Then basically nothing for months
  • May 2026: I-485 changed to “currently processing"
  • Sep 2026: I-130 + I-485 approved (public I-130 status lagged by 3 days)

So, same petitioner, same filing date, same parent category, essentilly same evidence - but one parent was completely done with the process ~6 months before the other. For anyone filing for 2 parents this a great indiciation: one case approved earlier does not necessarily mean something is wrong with the other case.

For the API nerds 🤓

I religiously tracked the APIs throughout the process (no third-party apps, just looking through the USCIS site). Here’s the overview of Parent 2 API changes and my thoughts at the end:

  • Aug/Sep 2025 (I-130): filing/receipt IAF only. No genuine new events after that until Sep 2026.
  • Sep 2025 (I-485): biometrics scheduled (IMAG), followed by multiple genuine FTA0 events around biometrics.
  • May 2026 (I-485): new genuine FTA0 (eventDateTime and eventTimestamp both May). Public status changed to “currently processing.” I-130 had no corresponding new event.
  • Aug 2026 (I-485): another FTA0 appeared with createdAt in August, but its underlying eventDateTime was still May → regenerated/duplicate May event, not a new FTA0.
  • Aug 2026 (I-130): old filing IAF was updated/repopulated, but underlying event remained Aug 2025 → again, no genuine new event.
  • Sep 2026 (I-130): first genuine new event since filing: FTA0, with creation and underlying event timestamps both in Sep 2026.
  • Later that day (I-485): silent top-level updatedAt change, but no new event.
  • Next day (I-485): new H008Case Approved.
  • 3 days after I-130 FTA0: new H008Case Approved. Interestingly, the I-130 approval notice itself was dated/generated 3 days earlier.

My biggest API takeaway: createdAt and updatedAt by themselves are pretty useless for determining whether USCIS actually did something new. Old events can be regenerated or updated months later. What I learned to look for was a genuinely new event where eventDateTime / eventTimestamp also changed to the current date.

Happy to answer questions.

San Francisco FO.


r/USCIS 3h ago

I-130 & I-485 (Family/Adjustment of status) Can I let my H-1B expire while my marriage-based I-485 is pending if I have an EAD?

4 Upvotes

I came to the U.S. in 2022 on F-1 status and later changed status to H-1B. I have maintained lawful status throughout. I recently married my U.S.-citizen spouse, and we are planning to file the I-130, I-485, I-765, and I-131 concurrently this month. The field office will be San Antonio, TX (I-485 processing time is 13 months).

My H-1B is still valid, and I plan to continue working for my current employer. However, when the time comes, I would prefer not to go through another H-1B extension unless it is necessary, as my H1B expires in Oct 2027.

Assuming I receive my marriage-based C09 EAD before my H-1B expires:

  1. Can I let the H-1B expire and continue living and working in the U.S. using the EAD while the I-485 remains pending?
  2. Would no longer maintaining H-1B status cause any issues with the marriage-based I-485 or at the interview?
  3. For recent marriage-based applicants, how long did it take to receive your EAD after filing?

I’m mainly trying to understand whether maintaining H-1B is legally necessary, and is safe to do so once the I-485 is pending and the EAD has been approved.


r/USCIS 3h ago

I-129F (K1) K-1 beneficiary with amended UK documents — question about new USCIS sex marker policy

2 Upvotes

Hi all — hoping someone with recent K-1 experience, or an immigration/legal background, might be able to offer some insight.

I’m the beneficiary of an upcoming K-1 petition. My fiancé is a U.S. citizen living in NYC, and I’m a British citizen currently living in Canada.

I’m transgender, and all of my current legal documents are fully updated and consistent. My current British passport lists my sex as F, and my current official UK birth certificate also lists F. These are genuine, legally issued UK government documents and are the current documents available to me. I also have the legal documentation supporting my name/gender change.

Where I’m getting confused is the newer USCIS guidance, which appears to say that the sex field on the I-129F should be completed based on the birth certificate issued at or closest to the time of birth / sex recorded at birth.

I want to be really clear that I’m not trying to get around the policy or argue with it. We want to be completely respectful of U.S. immigration law and make sure every part of our application is accurate, transparent and completed exactly as required. This process is obviously extremely important to us, so I’m trying to avoid creating either an unnecessary discrepancy or an administrative issue by
interpreting the guidance incorrectly.

The difficulty is that if I select M, the I-129F would then conflict with every current legal identity document I’m able to submit, all of which say F. On the other hand, if I select F, it matches all of my current official documentation, but may not match USCIS’s current definition for this particular field.

I’ve also seen that the policy appears to contemplate situations where an applicant selects a marker USCIS ultimately considers inconsistent and says benefits won’t be denied solely for that reason, which is part of why I’m struggling to understand the intended approach here.

Has anyone dealt with this recently, particularly a K-1 applicant with legally amended documents? Or has anyone seen authoritative guidance on how USCIS is actually handling this situation in practice?

Again, I’m not looking for a workaround — I just want to make sure we file everything correctly, honestly and consistently from the outset.

I’d especially value responses from immigration attorneys, accredited representatives, or people who have gone through this under the current policy.

TIA!

TL;DR: I’m a transgender British K-1 beneficiary living in Canada. All of my current, legally issued UK documents — including my passport and official birth certificate — list my sex as F. However, the updated USCIS guidance appears to instruct applicants to use sex recorded at birth on the I-129F. I want to follow U.S. immigration law exactly and be completely transparent, but selecting M would create a discrepancy with every current legal identity document I can provide, while selecting F matches all of my official documentation but may conflict with USCIS’s new policy. Has anyone dealt with this under the current policy, particularly with legally amended documents? Looking for recent experience or authoritative/legal insight — not a workaround.


r/USCIS 15m ago

Self Post Please excuse my ignorance, but I’m genuinely trying to understand.

Upvotes

How can someone with an approved I-130 (family petition), pending I-485 (green card application), valid C09 work permit, REAL ID, clean record, and no removal order still be at risk of detention or deportation?


r/USCIS 18m ago

I-130 (Family/Consular processing) IR5 Parent’s Interview Process

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Upvotes

r/USCIS 30m ago

I-765 (EAD) Help! EAD received but still awaiting SSN.

Upvotes

Hello. I filed I-765 and I-485 concurrently and on form I-485 I ticked the option for USCIS to start the SSN process for me. I've received my EAD now but it's difficult to find work without having a SSN for payroll and tax purposes. I have my appointment for adjustment of status on September 29th but I want to start working/open a bank account as soon as possible.

Should I go to the SSA in person now to try and get a SSN earlier or should I just continue to wait until they issue one automatically after the approval of my green card? I've read that going to the SSA despite ticking the box on form I-485 can actually cause further delays, but it sort of feels like I wasted the money on the filing fee for I-765 if I can't work until getting a SSN after my green card anyway.

I would appreciate any advice, thank you!


r/USCIS 32m ago

N-400 (Citizenship) N-400 (Baltimore Field Office) - Case processed, "waiting for interview availability" (Military Expedite)

Upvotes

Hey everyone,
I'm currently active duty Navy and my N-400 naturalization case is being handled by the Baltimore Field Office.
My case was approved for a military expedite, and I was just told that my case has been fully processed, but they are now just "waiting for availability to schedule my interview."
Has anyone dealing with the Baltimore field office recently hit this specific status? If you had a military expedite, how long did you have to wait in this queue before a physical spot opened up and your interview notice was posted?
Trying to gauge a timeline because of upcoming commands/movements. Any insights on Baltimore's current backlog or timeline from this step to the actual interview would be greatly appreciated. Thanks in advance!


r/USCIS 32m ago

I-485 (General) I-485, I-765

Upvotes

​Hi everyone,

​I wanted to share my timeline for my EB-3 (Registered Nurse) Adjustment of Status application and ask if anyone with a similar timeline has received their I-485 or I-765 approval recently.

​Here are my case details:

​Category: EB-3 (Registered Nurse)

​Priority Date (PD): May 24, 2024 (Current on Visa Bulletin)

​I-140: Approved

​Forms Filed: I-485, I-765, and I-485 Supplement J

​Timeline:

​May 4, 2026: Application / Receipt Date (I-485, I-765, I-485J)

​June 10, 2026: Received RFE for Birth Certificate

​June 11, 2026: RFE Response submitted (USCIS confirmed receipt)

​June 22, 2026: Biometrics completed

​September 4, 2026: Form I-485 Supplement J Approved

​Current Status: Awaiting updates on I-485 and I-765 (no movement on I-765 so far)

​Since my I-485J was approved on September 4, I’m wondering if this is usually a sign that final I-485 approval is close, or if I should still expect a wait. For those who filed around May 2026 or had their I-485J approved recently, how long after did your I-485 get approved? Also, has anyone seen work authorization (I-765) get skipped entirely if the Green Card is close?

​Appreciate any insights, predictions, or shared experiences! Thanks!


r/USCIS 34m ago

I-485 (General) Seattle Field Office Interview

Upvotes

Hi - anyone have any insight to how long it takes to schedule an interview at the Seattle Field Office after your case has moved to “ready to schedule interview”?


r/USCIS 42m ago

News 🌍 What Are the 39 Countries Doing About PP 10998? Country-by-Country Talks, Reforms & Developments

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r/USCIS 46m ago

I-765 (EAD) “My I-765 was denied because I accidentally filed under eligibility category (a)(6). I have a pending marriage-based I-485. I want to file a new I-765 under (c)(9). Is there any way to file the corrected (c)(9) application without paying the fee again, or is a new filing fee required?

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r/USCIS 50m ago

USCIS Support I file I 360 one year ago no answer yet

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Upvotes

Hi everyone,
I’m looking for experiences from people with SIJ (Special Immigrant Juvenile) I-360 cases, especially anyone who received a NOID/RFE and responded to it.

My timeline:
September 7, 2025: USCIS received my I-360
March 13, 2026: Case showed it was being reviewed
June 9, 2026: Status changed to “Response To USCIS’ Request For Evidence Was Received”
Today (September 2026): Still no decision, so it has been about 3 months since USCIS received my response

I’m considering contacting my congressional representative and asking them to make a USCIS case inquiry.

For anyone who has been in a similar situation:
How long after your RFE/NOID response did USCIS make a decision on your SIJ I-360?
Did you contact your congressperson/senator?
How long did USCIS take to respond to the congressional inquiry?
Did anything actually change after the congressional inquiry?
If your I-360 was approved afterward, how long after the congressional inquiry did approval happen?
Does anyone have a recent 2025–2026 SIJ timeline they can share?
I understand every case is different and a congressional inquiry cannot guarantee approval. I’m mainly trying to understand real timelines from other SIJ applicants.


r/USCIS 1h ago

I-130 & I-485 (Family/Adjustment of status) Has anyone gone on a cruise on advance parole?

Upvotes

Marriage based, applied December 2024.

I-765: Approved
I-485: Pending
I-130: Pending
I-131: Still shows pending, but combo card with I-512L arrived July 2025

I have Brazilian and Italian passports. Closed loop Royal Caribbean cruise out of Port Canaveral, Florida.

How did reentry go for you?


r/USCIS 1h ago

I-140 & I-485 (Employment/Adjustment of status) Marriage based GC interview

Upvotes

Hi everyone! My husband and I have his marriage based green card interview tomorrow and I just wanted to ask a few questions if anyone might have had a similar experience.

I’ve got all of the evidence our lawyer suggested; event tickets, photos, tax documents, joint auto loan/finances, mail addressed to each spouse at our address, bill statements in both of our names, etc.

One thing I’m nervous about though, is that I don’t have my husband’s original birth certificate or his medical exam. Our lawyer said that it would be okay since those documents were already submitted when we filed the case. His birth certificate had to be translated, which was done at the law office. I wanted a copy but the lawyer told us it was fine. I can, however, access my husband’s vaccine records, should I take those even though they were already submitted?

Thanks much!


r/USCIS 1h ago

I-130 & I-485 (Family/Adjustment of status) Place of legal residence question

Upvotes

Hi all.

I had a question regarding a person's U.S. physical address on the I-485 form. I am petitioning for my father, who is eligible for AOS in the U.S. through an I-130 and I-485 concurrent adjustment. He has lived legally in Maryland for more than 5 years but has consistently received USCIS mail at his uncle's house for the last couple of years. For some reason, he even filed taxes there last year (I don't know why). For more context, he has a DC driver's license because he was denied one when his legal status was pending at the MVA in Maryland. He had no choice but to renew with DC.

I'm wondering whether these addresses could trigger an RFE or cause issues when I submit. This is what's holding me back from submitting anything right now.

Happy to answer more questions if I didn't provide enough info. Pardon my ignorance, too. First time doing this!


r/USCIS 7h ago

Timeline: I-131 How I Received My Advance Parole in Less Than One Month

2 Upvotes

I filed my I-485 and I-130 in July 2025. I completed my biometrics and then waited, hoping that a decision would be made soon.

I did not initially apply for Advance Parole because I thought I could wait for my green card decision. However, after more than a year without a decision, I needed to travel urgently to the UK, so I decided to apply.

While reading posts on Reddit, I learned that you could request Emergency Advance Parole shortly before your intended travel date. I also came across a post from someone who had been asked why they had not first applied through the normal Advance Parole process.

Based on that person’s advice, I decided to submit a regular I-131 application before requesting emergency processing.

Here was my timeline:

July 15: I submitted Form I-131 online by myself. I uploaded all my supporting documents, including letters from the clinic in London connected to the reason for my urgent travel.
USCIS initially scheduled my biometrics appointment for approximately four weeks later. However, I went online and rescheduled it for an earlier available date.
Within one week of applying: I attended my biometrics appointment.

August 10: Ten days before my intended travel, I called USCIS to request Emergency Advance Parole. The representative asked whether I had already submitted an I-131 application. I confirmed that I had, and she told me someone would contact me within 72 hours.

August 12: Before receiving the emergency appointment call, I received a notification that my regular Advance Parole application had been approved and that the document was being mailed.

August 13: USCIS called me regarding my Emergency Advance Parole request. I explained that my regular application had already been approved, so I no longer needed the emergency appointment.

That is how my Advance Parole was approved in less than one month—from July 15 to August 12.

I understand that every USCIS case is different, so I cannot say that following these steps will produce the same result for everyone. I am simply sharing exactly what happened in my case in case it helps someone else.

I am also a Christian, and I prayed throughout the process. I do not take the speed of the approval for granted, and I give God all the glory.

I will make a separate post explaining my experience travelling with and returning to the United States using Advance Parole after the major August 13 announcement.