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Whats considered beyond the processing time (AOS case based on marriage )?

Miami, FL |

We filed in April and were interviewed in July and since that day we haven't heard anything from the IO,we did call and went for InfoPass appointment but were told that we are still in the processing time ..does the processing time runs from the day we filed ( today it has been 5 months ) or from the day we were interviewed ? we hired a lawyer but he had to go out of town for a couple of months, does talking to the congressman now hurt the case approval as we heard ? whats considered normal time ?

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Attorney answers 4



The 'processing' time is from the date of the interview ... which appears to only be around 90 days.

You didn't tell us your nationality ... this makes a difference when they are conducting background checks.

Also, you didn't tell us how quickly you filed the AOS after entering the US, nor what kind of visa was used.

If you entered on visa waiver and/or used a B-2 and filed within 90 days of arrival ... that can cause delays ... they will be contacting the US Consul/CBP to see if you could have provided false information as to your intentions.

Wait for your lawyer to come back.

Don't wast time on a CongressPerson ... they never provide any valuable assistance in this type of case ... all they do is write letters.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



I did come on tourist visa 5 years ago and overstayed ,and I am from Nigeria..You think my home country plays a role ,I have seen people from all over were approved right on the spot , so just wait for know ? USCIS website says the processing time for AOS is 6 months and mine is 5 months now

F. J. Capriotti III

F. J. Capriotti III


Rely on your attorney ... and/or wait for 6-7 months to pass.


You had your interview in only 3 months. They may be waiting for background checks. Generally, the processing time starts when you file. You hired a lawyer, you should ask him.

609-271-3573. This answer is for informational purposes only and should not be construed as legal advice.


Whatever falls outside of the processing times as listed on Yours is coming close to that.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Probably waiting for background checks

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