One of the more challenging issues I have been dealing with recently is predicting how long it will take for the U.S. Citizenship and Immigration Services (USCIS) to process immigration forms. Since the significant USCIS fee increase on April 1, 2024, I expected a notable improvement in processing times. While the USCIS website does not fully reflect this prediction, my personal experience suggests otherwise.
New USCIS Processing Times After Fee Increase
The USCIS Processing Timeline
According to the USCIS website, they are processing about 80% of certain immigration forms within 14 and a half months, just over a year. However, my recent experience has been different. Before the fee increase, waiting times for nearly every type of immigration form were often measured in years. The delays grew so long that USCIS started offering automatic extensions. For instance, individuals filing to remove conditions on a two-year green card used to receive a one-year extension. Over time, that extension became two years and then four years, reflecting how long the process was taking. Work permits, which used to be issued with a one-year validity, were extended to two years.
The USCIS website still lists these long processing times, and extensions are still being offered. However, this does not match the outcomes I am seeing for my clients. For example, USCIS estimates that it takes eight months to process work permit applications based on family-based immigration petitions. Yet, we filed several work permit applications in March, and by May and June, they had been approved, well ahead of the eight-month timeline.
Uncertainty in Advising Clients
This discrepancy puts attorneys like me in a difficult position. When clients ask how long their cases will take, I want to provide an accurate estimate. However, I do not want to promise faster results than what the USCIS officially projects. On the other hand, my clients’ recent experiences have been much better than what the website suggests.
For instance, one recent case involved a fiancé petition. We filed the petition on January 29, 2024, and according to the USCIS website, 80% of these cases take about 14 and a half months. Yet, by June 25, 2024, we received an approval, and by early July, the client had their green card in hand—less than six months from filing to approval. The same case applied to an I-130 petition filed before the fee increase. Filed on April 24, 2023, the website estimates a 38-month processing time for 80% of these petitions. However, we received an approval in just over a year.
Returning to Pre-COVID Processing Times?
Before COVID-19, cases like these often took six to nine months to process, and I expect that we are slowly returning to those timelines. However, given that USCIS is still reporting significantly longer times, I cannot make promises to clients based solely on my own experience. It is important to acknowledge that USCIS operates with a much larger sample size than any one law office, which could explain why they are more conservative in their estimates.
A Brighter Outlook for Immigration Cases
While we must rely on the official information from USCIS, my recent experiences give me hope that we are entering a new phase with more reasonable processing times. After years of delays and challenges, this is a positive development for everyone involved in the immigration process. For those of you navigating this system, please do not hesitate to contact our office for assistance. We are here to help guide you through these uncertain times.