| September 17, 2024 Here’s a helpful guide to understanding what happens after your case is filed with U.S. Citizenship and Immigration Services (USCIS). 1. Receipt Notice (Form I-797) Shortly after you submit your application or petition, you will receive a Receipt Notice (Form I-797). This notice serves as proof that USCIS has received your application and it will include your case number. Be sure to save this document—it’s important for tracking your case status and communicating with USCIS. Processing Tip: You can use the receipt number to check the status of your case online through the online USCIS Case Status Tool. 2. Biometrics Appointment (if applicable) For many types of applications, such as filing the green card application, USCIS may require you to attend a biometrics appointment. This is where they will take your fingerprints, photograph, and signature for background checks. If you have filed a case with USCIS in the past that required fingerprinting, and now you have filed another type of case that also requires fingerprinting, USCIS usually will reuse your fingerprints from last time, meaning you don’t have to go get them taken again. Tip: The biometrics appointment is usually scheduled at a local USCIS Application Support Center, and you should bring your appointment notice and a valid photo ID, like a driver’s license, state ID, or passport. 3. Request for Evidence (RFE) In some cases, USCIS may send a Request for Evidence (RFE) if they need additional information or documentation to make a decision on your case. Receiving an RFE does not mean your case is denied—it simply means they need more information. Tip: If you receive an RFE, don’t panic! Review it carefully and make sure you submit all requested documents within the deadline, typically 87 days, but sometimes it’s shorter. 4. Case Decision After reviewing your case and supporting documents, USCIS will issue one of the following: Approval Notice: Congratulations! Your application has been approved. Depending on the type of case, USCIS will send your green card, work permit, or other immigration benefits soon after. Denial Notice: If your case is denied, the notice will explain the reasons for the decision and whether you can file an appeal or a motion to reopen. Notice of Intent to Deny (NOID): Sometimes USCIS may issue a NOID, giving you an opportunity to respond to concerns before a final denial is made. 5. Interview (if applicable) For certain types of cases, like marriage-based green card applications, USCIS may require an interview. If you filed for U.S. citizenship, there will always be an interview. They will send you a notice with the date, time, and location of the interview, which typically takes place at your local USCIS office. If you can’t make the interview, it can be rescheduled, but you will not be able to pick the new date and time. Tip: Prepare for the interview by reviewing your application and gathering any additional documents that may support your case. Be honest and direct in your responses to the officer’s questions. For my clients who get interviews at the USCIS office, I prep them, and attend the interview with them. For my out-of-state clients, as long as the USCIS officer is willing to call me over the phone during the interview, I will be present on the phone. 6. Post-Decision Steps If your application is approved, you may need to take additional steps depending on the type of immigration benefit you applied for. For example: Green Card Holders: You will receive your physical green card in the mail within a few weeks. Work Authorization: Once approved, you’ll receive your Employment Authorization Document (EAD), allowing you to legally work in the U.S. Appeals or Motions: If your case is denied, you may be able to file an appeal or a motion to reopen the case. This will depend on the specific reasons for the denial and the type of case. 7. Case Delays The number one question people ask me is how long their case is going take. It’s important to remember that processing times vary depending on the type of case and the USCIS office handling it. Some applications may take months or even longer, so patience is key. Also, processing times for the same exact type of case can be processed at totally different times. I have had some marriage green card cases approved within just a few months (2 months is the fastest for me so far), but others that have taken over a year. It’s definitely frustrating that the processing times can vary so much, but just know that processing times do vary, and just because someone who has the same type of immigration case as you got their case approved faster doesn’t mean there is something wrong with your case. If your case seems delayed, you can follow up USCIS using your receipt number or consult with an attorney (like me) if you suspect there may be an issue. Staying Informed You can always stay informed by checking USCIS processing times, signing up for case status updates by creating a USCIS online account, or working closely with your attorney to monitor progress. I hope this overview helps give you a clearer idea of what to expect after filing your immigration case with USCIS. If you’d like help with your immigration case or have questions, you can schedule a consultation with me by calling my office at 801-883-8204, or by clicking here to schedule one online. Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with a qualified immigration attorney to discuss your specific circumstances. |
