Outline
Can USCIS Expedite Green Card Processing?
April 17, 2024
Key Insights
The waiting times for green card processing can be unpredictable. Submitting an I-485 application and having it transferred to a particular service center could result in a wait of a year or more for a decision, not accounting for the time taken by USCIS to address any requests for further evidence (RFEs). In essence, the adjustment of status process through the I-485 form can be prolonged. Consequently, immigrants residing in the United States often find themselves in a state of uncertainty, with limited legal protections and frequently dependent on spouses or other family members.
This underscores the importance of USCIS continuing its immigration reform efforts and exploring avenues to expedite green card process. Addressing various concerns with applications and forms could streamline processing for individual cases and potentially alleviate the existing backlog. This blog aims to explore how USCIS could expedite green card processing by carefully considering several key issues.
Strategies for to Expedite Green Card Process
Create a shorter I-485 application
The Cato Institute reported that before the Trump administration’s changes to immigration policies, I-485 adjudication times averaged 6.8 months in FY 2016. If this were the current processing rate, applicants would likely be pleased. However, the USCIS currently employs an I-485 application spanning 18 pages, with numerous questions that may not be relevant to most green card applicants. For instance, within Part 8-General Grounds of Inadmissibility, there are 80 questions pertaining to U.S. security objectives, criminal history, and related matters. Surely, this section could be condensed.
Should the USCIS decide to develop or revert to a previous application format, it could reduce the time required to adjudicate each application, thereby fostering efficiency in processing green card applications.
Stop Issuing RFEs based on Blank Space.
For various USCIS applications, if applicants leave a space blank or fail to provide additional information, the agency may issue an RFE. This scenario might occur when applicants list their previous four addresses but omit the fifth one in the “Additional Information” section. Since there is no electronic filing system for the I-485 application, USCIS staff must manually file each case that receives an RFE due to missing information. Consequently, this process results in significant delays in application processing every fiscal year.
Issue Work Permits to Those Who Have Married U.S. Citizens
Although it’s customary to apply for work authorization in the U.S., the reality is that adjudicating work permit applications for pending I-485 applicants incurs an opportunity cost. The time spent by an officer approving a work permit for a green card applicant is time diverted from completing the adjudication of the original green card application. In essence, there should be a more streamlined system for issuing work permits to those in need, enabling USCIS to allocate more time to processing existing I-485 applications on hand.
Alternatively, USCIS could issue a temporary permit to individuals who have submitted a green card (I-485 application) successfully. This approach would streamline the process instead of necessitating a return to the original documentation to verify someone’s identity.
Re-think Interviews for Routine Cases
Ultimately, USCIS should reconsider, or possibly arrange online conferences for tracking cases. The duration between sending a U.S.-based applicant an invitation to appear at a field office via USPS and actually meeting the applicant typically spans 1-2 months, sometimes even longer. This timeline could be accelerated by sending applicants an email confirmation for an invitation to participate in a secure Zoom or Skype session.
Similarly, USCIS should continue to schedule in-person interviews but restrict them to marriage green card applicants or cases where an officer determines it is essential to meet the applicant face-to-face. Transferring more cases to the online platform or exempting them from interviews could expedite processing.
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