What is the average time for I-130 for Permanent Resident to be approved? 7 Answers as of September 27, 2012I had applied I-130 from my spouse in March 2012. I am a permanent resident. I have not heard anything from them. I have called USCIS but they cannot provide the time. I have seen people's cases approved in six months as a permanent resident, for citizen it is quicker. Thank you.
Law Office of Rebecca White | Rebecca White
If you have confirmed that there has not been a missed request for evidence, it may simply be that it remains in the queue. If you are close to being eligible for US citizenship you may want to look into having an attorney assist you both with the citizenship and moving the I-130 forward.
Answer Applies to: Washington
Katherine Mulvany-Chance, Esq. | Katherine Mulvany-Chance
The average processing time for an I-130 is 5 months for a decision - approval or denial. Of course, if it is a case they think needs more review, they can take much longer. I had a case recently take 9 months before they got their approval. If it has been more than 5 months, you can make an appointment with them to go to the immigration office to talk to them. To see more information on infopass, see http://www.lalawyerchick.com/infopass. Are you sure you are still waiting on a decision? Because once you get then approval, you could still have to wait for the priority date to become current. It changes every month, and it can also regress, so that may be why they don't know how long it will take. The priority date is the date you filed.
Answer Applies to: California
Law Offices of Grinberg and Segal | Alexander Segal
It takes approximately 6 to 8 months to approve an I-130. This is an average. Processing can be shorter or longer. A lot depends upon the facts of a particular case such as whether all the necessary initial evidence was filed, prior marriages, etc. The I-130 processing times can be a little slower for permanent residence. However, the real difference in time between a petition filed by a U.S. citizen and a petition filed by a permanent resident is visa availability. Assuming you have received a filing receipt, you should be patient as you are not outside of normal processing times. However, if you have not received a filing receipt you need to follow-up as the application may be lost.
Answer Applies to: New York
Immigration Attorneys, LLP | Robert R. Gard
Because you are a permanent resident and not a U.S. citizen, the USCIS knows that immigrant visa numbers are not available, and they generally follow a policy of placing those I-130 petitions on a shelf so that they are not included in the official definition of "backlog", and the USCIS statistics then look much better. Six months is an average time, but for those cases that are shelved awaiting visa number availability, it could be much longer. That some Family 2A I-130s are approved quickly means that they slipped through the shelving procedure. The cases are reviewed as they are filed and are separated into groupings based on visa preference category and visa number availability. Since there are no quotas (immediate visa number availability) for immediate relatives (spouses, unmarried under 21 year old children and parents of over 21 year old US citizens), those cases are pulled out of the general stack of I-130s filed, and are adjudicated promptly. You should follow the progress of the State Department Visa Bulletin http://travel.state.gov/visa/bulletin/bulletin_1360.html and average processing times on the USCIS website. When you secure naturalization as a U.S. citizen, you can advise the USCIS of the upgrade to immediate relative. Obtain instructions and guidelines from the USCIS Customer Service line: 1-800-375-5283. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7 543f6d1a/?vgnextoid=ddce0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchann el=ddce0b89284a3210VgnVCM100000b92ca60aRCRD
Answer Applies to: Illinois