Expedite

How to Expedite an I-601 Waiver

by

Expediting an I-601 Waiver Requires a Showing of Extraordinary Circumstances

USCIS will only exercise thier discretion to expedite a Form I-601 where an applicant presents a compelling and urgent argument which involves time-sensitive reasons.  In extraordinary circumstances, USCIS will exercise discretion to approve a request to expedite adjudication of a Form I-601.  A simple desire to be reunited with family in the United States is not extraordinary.  Extraordinary circumstances which may persuade the USCIS to expedite the I-601 will contain one or more of the following

  • The applicant has urgent and critical medical needs that cannot be addressed in the applicant’s country;An applicant’s family member in the United States has a life-threatening medical condition and has immediate needs related to that condition for the applicant to assist the family member in the United States;
  • The applicant is faced with urgent circumstances related to the death or terminal illness of a family member;
  • The applicant or qualifying family member is a particularly vulnerable individual due to age or disability;
  • The applicant is at risk of serious harm due to personal circumstances distinct from the general safety conditions of those living in the applicant’s country;
  • It would be in the national interest of the United States to have the applicant in the United States (for example, the applicant’s presence in the United States is urgently required for work with a U.S. government entity); or
  • As described in a request from or for a member of the Armed Forces of the United States:
    • The applicant’s qualifying family member is a member of the military who is deployed or will soon be deployed; and
    • The applicant demonstrates that, in light of the deployment there are compelling reasons to expedite the request due to the impact of the applicant’s absence from the United States on the applicant, the qualifying family member, or their children, if any.

The USCIS will review all request to expedite within 5 business days of their submission and will notify the applicant within 10 business days if their request is granted.  It is unlikely that USCIS will entertain a second request to expedite so it is essential that the first request be as compelling as possible.

Vermost Service Center Expedite Requirements

by

The Vermont Service Center (VSC) continues to expedite certain immigration applications in limited circumstances.  You must be prepared to evidence extreme extenuating circumstances creating a hardship to the petitioner or applicant.  Expedited processing is not available to I-129 applications that are eligible for premium processing except to nonprofit organizations and those seeking H2A classification.

Expedited processing may be granted in the following situations:

1.  COMPELLING HUMANITARIAN NEEDS

2.  EXTREME EMERGENT OR UNFORSEEN CIRCUMSTANCES

3. SEVERE FINANCIAL LOSS TO COMPANY OR INDIVIDUAL

4. USCIS SERVICE ERROR

5. DEPT OF DEFENSE or NATIONAL INTEREST SITUATION

6. NONPROFIT ORGANIZATION REQUEST IN FURTHERANCE OF THE CULTURAL AND SOCIAL INTERESTS OF THE USA

7. COMPELLING INTEREST OF THE USCIS

The VSC will review all expedite requests within 5 business days but may request additional evidence before making a decision on the matter.

Expediting Biometrics and Advance Parole at the Nebraska Service Center

by

Greg Richardson, Acting Director of the Nebraska Service Center (NSC) held a question and answer conference with AILA regarding requests for expediting biometrics and advance parole.

Due to processing guidelines mandated by USCIS Headquarters, the NSC is unable to expedite biometrics and advance parole because the filings that were made to the NSC had to be forwarded to a lockbox facility which takes the cases in, fees the receipt and then forwards the application to the NSC.  Until the lockbox location forwards the file to the NSC, the NSC cannot expedite anything.

In our experience, it is much easier to get an advance parole expedited when efiling the advance parole application and visiting the USCIS local office.