Getting on the Fast track Part I: Requesting an Expedited Decision from USCIS

28/10/20

This is the first of a series on expedite requests during the immigration process. I hope to clarify some myths and add some clarity to the process of requesting an expedited decision during the various phases of the immigration process. Today we will start with USCIS expedite requests.

In my very long career as a Consular Officer, who not only made the decisions regarding issuing visas, but also trained other officers to do the same, never did I hear a petitioner say, ‘I want this process to go as slowly as possible.’ In fact, it was almost always the opposite: ‘What can I do to make this process go faster?’ This feeling is absolutely justified; no one wants to be kept apart from their loved ones or wait an extremely long time to take up a job opportunity.

 

Part I: U.S.Citizenship and Immigration Service (USCIS) Petition

The first place to start is during the petition process. Any petition submitted to USCIS is eligible for an expedite request. From I-130 family member petitions to more complex I-601 waiver requests, as long as they meet one, or more, of the USCIS requirements for expediting. For clarity, I have posted the USCIS policy manual link to the exact guidelines below.

 

Applying for an expedite request will have no negative impact on your case. So if you genuinely feel you have a solid reason, including documentation to back it up, then you should absolutely apply for the expedite request. He who doesn’t ask, won’t receive!

 

USCIS has clear instructions for requesting the expedite. They are available here:

https://www.uscis.gov/forms/forms-information/how-to-make-an-expedite-request

 

The new guidance involves an initial call. Your request will be given a cursory review during the call. If they feel your request meets the minimum requirement, they will contact your Service Center and you will receive notification. If they believe they need to see further documentation, you will be asked to provide it to your Service Center. If they do not believe that your request is valid, they will respond as such. It is that simple.

 

A well crafted request can go a long way to getting an approval for expediting. If you would like help drafting your request, please reach out to Bespoke Immigration Consulting’s team. We will add this service to our Introductory Case Review at no cost.

 

Do bear in mind that even with an approved expedite request, it does not mean you will receive an instant decision on your petition. There are many steps that each petition has to go through before a decision is made to approve and move it forward to NVC for the next phase of the immigration process.

Be patient and rest assured that, in the end, you will be with your loved ones.

 

USCIS Guidance and Links

 

https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

 

Expedite Criteria

USCIS does not consider expedite requests for petitions and applications that have Premium Processing Service available.

USCIS may consider expediting a benefit request if it meets one or more of the following criteria:

• Severe financial loss to a company ^[1] or person, ^[2] provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure: (1) to file the benefit request or the request to expedite in a reasonable time frame; or (2) to respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. Government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

 

Not every circumstance that fits under one of these categories will result in expedited treatment.

To increase efficiency in the review and processing of expedite requests, USCIS is not required to provide justification and is not required to respond regarding decisions on expedite requests.

This policy applies to all expedite requests filed on or after May 10, 2019, the effective date of this policy. USCIS reviews expedite requests filed before May 10, 2019 under the prior policy in effect.

For more information on how to make an expedite request, see the How to Make an Expedite Request web page.

Footnotes

 

[^ 1] Severe financial loss to a company means the company would be at risk of failing.

[^ 2] The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.