Quick Summary: USCIS Expedite Requests
| Question | Answer |
|---|---|
| What does an expedite request do? | Asks USCIS to prioritize your case ahead of others in the queue |
| Which petitions does it apply to? | I-130, I-129F and many other pending USCIS petitions |
| Is approval automatic? | No; reviewed case by case |
| Is there an additional fee? | No fee for a standard expedite request |
| Where to submit? | uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request |
| How long for a response? | No fixed timeframe; typically weeks to several months |
| Approval likelihood? | Low to moderate; depends heavily on the strength of evidence provided |
The 8 Official USCIS Criteria for an Expedite Request
| # | Criterion | Example Supporting Evidence |
|---|---|---|
| 1 | Severe financial loss to a U.S. company or individual | Employer letter; expiring business contracts; documented income loss |
| 2 | Serious emergency | Medical records; accident or disaster documentation |
| 3 | Humanitarian reasons | Serious illness of a close family member; family emergency documentation |
| 4 | Compelling USCIS interest | Typically for government agencies or recognized nonprofits |
| 5 | Department of Defense or national security interest | Military deployment orders; letters from commanding officers |
| 6 | USCIS error causing unreasonable delay | Filing receipts; USCIS notices; evidence of delay beyond published processing times |
| 7 | Compelling U.S. government interest | Confirmed by a federal agency |
| 8 | Clear USCIS error | Documented administrative mistake by USCIS |
Expediting a Petition (i.e. I-130 Petition for Alien Relative or I-129F Petition for Alien Fiancé or Fiancée) with the United States Citizenship and Immigration Services (“USCIS”) can be challenging. There are limited circumstances in which USCIS may consider expediting a Petition that is currently undergoing processing at one of its service centers. Here are some general steps you can take:
- Understand USCIS Criteria for Expedited Processing:
The USCIS has specific criteria for expediting a Petition that has already been filed. Not all requests are granted. Generally, expedited processing is considered for cases involving severe financial loss, emergent situations, humanitarian reasons, or compelling USCIS interest. You will need to demonstrate that your case meets one of these criteria.
- Contact USCIS Customer Service:
You can contact USCIS customer service to inquire about the possibility of expediting your case. Be prepared to explain the circumstances that warrant expedited processing and provide supporting documentation.
- Submit a Request for Expedited Processing:
If you believe your case meets the expedited criteria, you can submit a request to USCIS. Include a cover letter explaining the reasons for the expedited request and any supporting documents. Be sure to clearly state why your case qualifies for expedited processing based on USCIS criteria.
- Provide Supporting Documentation:
Depending on the reason for the expedited request, you may need to provide evidence such as medical records, financial documents, or other supporting documentation. Make sure the documentation is relevant to the criteria you are citing.
- Seek Congressional Assistance:
In some cases, individuals facing significant delays with USCIS in reviewing petitions can seek assistance from their U.S. senators or representatives. Congressional offices may be able to inquire about the status of your case with USCIS.
- Consult an Immigration Attorney:
If you are facing challenges or if your case is particularly complex, consider consulting with an immigration attorney. They can provide guidance on your specific situation and help you navigate the process.
Remember that expedited processing is not guaranteed, and USCIS will evaluate each request on a case-by-case basis. It’s important to be truthful and provide accurate documentation to support your request.
Frequently Asked Questions
What is a USCIS expedite request and who can file one?
An expedite request asks USCIS to prioritize the review of your immigration petition ahead of other pending cases. Any applicant with a pending USCIS petition may file such a request, but USCIS will only grant it if the case meets at least one of the 8 official expedite criteria. Simply wanting a faster decision or being concerned about waiting time is not sufficient grounds. Each request is reviewed individually based on the specific evidence provided.
What are the official USCIS criteria for approving an expedite request?
USCIS recognizes 8 official criteria: (1) severe financial loss to a U.S. company or individual; (2) serious emergency; (3) humanitarian reasons; (4) compelling USCIS interest; (5) Department of Defense or national security interest; (6) USCIS error causing unreasonable delay beyond published processing times; (7) compelling U.S. government interest; (8) clear USCIS error. Each criterion requires specific supporting documentation to be considered.
How do I submit an expedite request to USCIS?
Step 1: Identify which of the 8 official criteria applies to your situation. Step 2: Contact the USCIS Contact Center at 1-800-375-5283 to ask about the process. Step 3: Prepare a detailed written explanation of why your case meets the specific criterion. Step 4: Gather supporting documents matching the criterion you are citing. Step 5: Submit your request at uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request. Step 6: Monitor the response through your myUSCIS online account.
What can I do if USCIS denies my expedite request?
If USCIS denies the expedite request, options include: (1) resubmitting with stronger and more specific evidence if circumstances have changed; (2) contacting the office of the U.S. Senator or Representative for the petitioner’s state to request a congressional inquiry; (3) continuing to wait in the normal processing queue while monitoring USCIS processing times; (4) consulting an immigration attorney to assess whether legal options such as a Writ of Mandamus (court order requiring USCIS to act) may be available.
Is the expedite request process different for Form I-130 vs Form I-129F?
The criteria are the same for both I-130 (petition for alien relative) and I-129F (petition for alien fiance). The difference lies in the specific supporting evidence: I-129F cases most commonly cite humanitarian reasons or an impending scheduled wedding date, while I-130 cases frequently involve a serious medical condition of a family member in the United States. Both require concrete and compelling evidence to receive USCIS consideration.
If you have questions about expedited processing or want help, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.
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Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
