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To the attorneys who keep responding to say that estimated processing times for I- 130 are on USCIS website: no, not always.

Atlanta, GA |

My attorney filed an I-130 on my behalf, and it's being processed at MSC NBC. I'm not even an attorney, yet even I know that there is NO estimated processing time on USCIS website for I-130 at MSC NBC. No thanks, to you attorneys who merely referred this question to USCIS website. You do yourself a disservice with this response. Many thanks to the attorney who responded to say, based on her working experience: "To work through the backlog the I-130's are being routed all over the country and the processing times are varying widely. We got our last few I-130's by U.S. citizens in about 3 months." This is a helpful response - thank you for actually answering the question with knowledge.

Attorney Answers 3


  1. The average waiting times are posted on line and do not necessarily mean yours will take that long. USCIS has been processing certain types of applications at different service centers. For example, many I-130 petitions for spouses of US citizens are being processed at the Vermont Service Center and as of today are taking an average of 9 months to process. If an adjudicator determines that a petition will require an interview then it is sent to a local office for scheduling the interview. There can be delays because of background checks or incomplete petition packets, or pending requests for additional evidence. All of these an cause a petition to be delayed past the normal processing times. To give you a precise period of time for the processing of your petition is not at all possible. Yes I too have had some I-130s approved in 3 months but most are taking between 6 and 10 months. While USCIS does not schedule an interview in every case you can expect that you will have an interview. USCIS will eventually send an interview notice to you after the biometrics have been completed.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  2. It make take three months and it make take six months, it even can take more than six months, the practice with the USCIS cannot be confined to an exact time frame.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. Processing times published by USCIS are only estimations. I routinely add 1 or even 2 months to most of those estimates. One just needs to be patient and wait while his/her case is being processed. It will take what it will take. Analyzing it to death will not make it any faster, but simply waste time and effort for anyone playing that game..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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