The United State Citizenship & Immigration Service (USCIS) charges a filing fee for almost every petition and application Form. USCIS processing time for Forms varies by Service Center and Field Office handling the Form adjudication, but very few Forms are adjudicated in less than 3-4 months, and most take approximately 6 months.
USCIS offers “Premium Processing” to those who choose to use the service. Premium Processing is not available for every Form. USCIS charges an additional $1,000 filing fee for Form I-907, “Premium Processing”.
Those using premium processing should have their case reviewed within 15 calendar days or USCIS will refund the Premium Processing fee and the case will continue to receive faster processing.
A common misconception is that USCIS will approve or deny the case within the 15 calendar-day period.
Premium Processing does not mean USCIS will approve the petition. Premium Processing means that within the 15 calendar-day period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar-day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.
Another benefit of Premium Processing is the designated email and phone number for Premium Processing customers. Anyone who files a case with USCIS knows that it is extremely difficult to ask questions about case processing. In addition, Premium Processing customers receive, at no additional cost, faster processing of Form I-539, “Application to Change Status or Extend Stay,” filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time.
If USCIS does not process the case within 15 days of the RFE (Request for Evidence) response, you may request a refund of the premium processing fee.
Scott D. Pollock
Scott D. Pollock & Associates, P.C.
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