Tag: eligibility

Navigating Expedited Processing: Understanding Eligibility in USCIS

In the intricate web of immigration processes overseen by the United States Citizenship and Immigration Services (USCIS), the concept of expedited processing serves as a beacon of hope for individuals facing urgent circumstances. Expedited processing expedites the review of certain immigration applications and petitions, providing relief to those with compelling reasons for accelerated consideration. However, understanding the eligibility criteria for expedited processing is crucial for navigating this complex landscape effectively.

What is Expedited Processing?

Expedited processing is a discretionary service provided by USCIS to prioritize the review of certain immigration applications and petitions. While standard processing times for USCIS applications can vary widely, expedited processing aims to provide timely resolution for cases with urgent or compelling circumstances.

Eligibility Criteria for Expedited Processing:

  • Severe Financial Loss: Individuals may qualify for expedited processing if they can demonstrate that a delay in the adjudication of their application or petition would result in severe financial loss. This may include imminent foreclosure, bankruptcy, or loss of essential employment opportunities.
  • Urgent Humanitarian Reasons: Expedited processing may be granted for cases involving urgent humanitarian reasons, such as medical emergencies, critical medical treatment needs, or urgent family reunification due to humanitarian crises.
  • Compelling US Government Interests: USCIS may expedite processing for cases that serve compelling US government interests, including national security, defense, or foreign policy objectives.
  • USCIS Error or Delay: Individuals may request expedited processing if they can demonstrate that the delay or error in their case was caused by USCIS and not by their actions.
  • Aging Out of Eligibility: Children who are close to aging out of eligibility for immigration benefits may qualify for expedited processing to prevent adverse consequences due to age-related eligibility restrictions.

How to Request Expedited Processing:

To request expedited processing, individuals must submit a written request to USCIS along with supporting documentation that clearly demonstrates eligibility under one of the aforementioned criteria. USCIS evaluates each request on a case-by-case basis, taking into account the specific circumstances and merits of the case.

Conclusion:

Expedited processing offers a lifeline to individuals facing urgent circumstances in their immigration journey. By understanding the eligibility criteria and navigating the request process effectively, individuals can seek expedited consideration for their applications and petitions when warranted. While expedited processing is not guaranteed and remains at the discretion of USCIS, it serves as a vital tool for addressing pressing needs and ensuring timely resolution of immigration matters.

In navigating the complexities of expedited processing, individuals are encouraged to seek guidance from qualified immigration attorneys who can provide assistance in preparing and submitting requests for expedited consideration. By leveraging their expertise and advocacy, individuals can maximize their chances of success in securing expedited processing for their immigration cases.

Eligibility to Apply for a Green Card as a Refugee or Asylee

If you were granted a refugee or asylee status by the US, 1 year after your entry to the US as a refugee or asylee you become eligible to apply for a green card/permanent resident status.

1 year after being admitted to the US, refugees are required by law to apply for a permanent resident status. Although the asylees are not required to apply for a permanent resident status 1 year after being granted asylum status in the US, you should consult with an immigration lawyer to see if applying for a green card is your best option.