I-130 Processing Times
An I-130 is a form that citizens and U.S. civilians file for their “immediate relatives” which includes spouses, parents, or unmarried children in order to qualify for a green card. Unfortunately, the processing times for these particular applications are extremely tenuous and drawn-out. In November of 2013, the processing times were longer than they had ever been in the past. The USCIS claimed that they were 9 months, while the New York Times claimed that they had exceeded up to 15 months. Currently, the USCIS claims that the processing times have drastically improved and are at the 5-7 month mark depending on the USCIS office that is processing the application. Nevertheless, it is important to understand why the delays exist in the first place.
The USCIS has never clearly explained the reasons for the delays with the I-130 process. During a meeting with AILA (American Immigration Lawyers Association) a few months ago, the USCIS states that the “delays were the result of increased filings of certain form types as well as difficulties in hiring new staff to address these increased filings”. The more likely truth is that President Obama is directly responsible due to his Deferred Action for Childhood Arrivals (DACA) act, which worked as a delay to deportation, instead of granting work authorization. This sudden new set of priorities for the USCIS created bureaucratic red tape which in turn, halted I-130 processing times.
There are several options available for those that are unable to deal with extensive processing times for the I-130. The very first thing we here at Buda Law Group can recommend is to contact the USCIS if your case is exceeding the above mentioned processing times. Another option is to apply for a nonimmigrant visa. Some popular visa options include the H-1 temporary worker visa, the B1/B2 visitor for business visa, the F-1 student visa, among several others.
In conclusion, the recent I-130 processing times have simply not been acceptable. The USCIS has gone directly against its promise to lower processing times to less than 5 months, leaving countless applicants in search of other options. With some of those options listed above, it is important to know that having the right lawyer guide you through the process can mean the difference between approval and denial.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net office: 626-796-1422 john.buda@budalawgroup.net 1201 W Huntington Dr. Suite 209 Arcadia, CA 91007