If you're eagerly anticipating a decision on your immigration case and hoping for a speedier outcome, there is a way you can request expedited processing of your case from USCIS.
While each process has a designated processing time, waiting times have been prolonged due to the accumulation of applications for certain procedures. However, an expedited process can be requested to prioritize your case. In this article, we will be discussing what an expedited process entails and the necessary requirements to expedite it.
What is an expedited process for a USCIS application?
Expedited processing is a process that allows USCIS to decide on your case before its normal processing time. If you need a decision on your USCIS case before its normal processing time, you can request expedited processing.
In order to obtain expedited processing, you must claim an emergency, such as needing to travel to the United States for medical reasons or facing the risk of losing your job. To request expedited processing, you must meet certain criteria, such as extreme humanitarian need or the potential harm to a U.S. person or company if your request is not expedited.
To justify your emergency, you must provide documents that certify your need. USCIS will review your application on a case-by-case basis and if your request is approved, your case will be given priority and you will receive a decision more quickly.
Can I expedite the humanitarian parole application process?
Yes. You can use this procedure for Temporary Stay Permits for Humanitarian Reasons Significant Public Benefit, or humanitarian parole. All applicants may submit a case expedited request to USCIS.
However, to be eligible your case must have already expired the normal processing period defined by USCIS. Additionally, you will have to meet the eligibility requirements and provide supporting documentation to prove your eligibility. Let's take a closer look at these requirements.
USCIS Selection Criteria for Expedited Processing
USCIS considers expedited requests on a case-by-case basis. However, there are some specific criteria that USCIS takes into account to determine whether an application is appropriate for the applicant's situation.
Emergency and urgent humanitarian reason
An emergency is a situation that requires immediate attention. For instance, if you need to travel to the United States for urgent medical treatment, you may be able to request expedited processing of your case.
On the other hand, an urgent humanitarian reason is a situation that could cause significant harm to a U.S. person or company if your request is not expedited. For example, if you are the only caregiver for a sick family member who needs to come to the United States, you may be able to request expedited processing of your case.
Although USCIS does not provide a specific definition of what a humanitarian emergency is, it does state that "some examples include, but are not limited to, illness, disability, extreme living conditions, or death in the family."
Correction of a critical USCIS mistake
A critical mistake is an error that can have a significant impact on your immigration case. Some examples of critical errors include:
- Incorrect dates on your immigration document could shorten the validity period of your status.
- Lack of required documentation, could delay or even prevent your case from being processed.
- Errors in the USCIS decision could result in an erroneous decision.
If you believe that USCIS made a critical error in your immigration case, you can request expedited processing by explaining the critical error that USCIS made in your case and providing evidence that the error was made by USCIS and not by you.
Severe financial losses of a company or person
Severe financial losses can be detrimental to a business or an individual's ability to survive.Some examples include:
- Losing a major contract, being unable to compete for contracts,
- Losing employees or salary reductions,
- and losing essential benefits or services.
In certain cases, an individual's job loss could be enough to demonstrate severe financial loss, depending on their specific circumstances. To prove that severe financial losses will be suffered, the applicant or petitioner must provide evidence that showcases the negative impact the delay will have on their case.
For example, if an individual is unable to travel for work, resulting in the loss of employment, they may be eligible for expedited processing of their application.
Nonprofit organizations whose petitions advance the social and cultural interests of the United States.
Nonprofit organizations recognized as 501(c)(3) by the IRS can apply for expedited processing of their cases. To qualify for expedited processing, the organization must demonstrate that the beneficiary must receive the benefit. This may include urgently needed medical professionals, university professor researchers, or religious professionals for a specific social interest of the United States.
These interests may include a social impact project, a specific and imminent cultural program, or a vital social outreach program. The organization must provide evidence that the beneficiary is essential to fulfilling the organization's mission.
US government interests
In the case of expedited processing requests made by an agency (federal, state, or local), they must be related to public safety or national security interests. These interests must be immediate and substantive, otherwise, expeditious processing is not guaranteed. To request expedited processing, a senior official of the agency must make the request.
How to apply for a prosecution expedited for your request?
To request expedited processing, you need to have your notification notice at hand. This is the notification that is sent via email about two weeks after submitting the original petition. Then, you should contact the USCIS Contact Center by telephone at 1-800-375-5283 (for those who are deaf, hard of hearing, or have speech disabilities, the TTY number is 1-800-767-1833) and provide the information that the employee requests.
USCIS will provide you with a service expediting request number, which you can use to track your case. After that, you will get an email from USCIS asking you to submit supporting documentation for your expedited request, which will depend on the reason for your request.
Within about one week, USCIS will inform you of their decision on your expedited request. If your request is approved, you should be able to see the final decision on your application.
What to do if USCIS denies your application?
The request for expedited processing is appealable. This means that if the USCIS denies your petition, you still have the opportunity to file an appeal at the Administrative Appeals Office (AAO) from USCIS.
Also, if the USCIS considered that your circumstance needed to be more urgent to expedite processing, you could resubmit your application as many times as necessary, as long as any of the admissibility circumstances have changed. If your situation becomes urgent according to USCIS criteria, you can submit another request for expedited processing.
Final considerations
When applying for expedited processing, it's important to remember that it isn't guaranteed, even if you meet all of the USCIS requirements. However, it's worth trying to expedite your case.
While you can do this on your own, it's recommended that you seek the help of advisors to increase your chances of success by preparing the necessary documentation. Make sure to have all of the required supporting documentation before submitting your request. You can only send one email in response to the request, so be sure to include all necessary documents.
