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What to expect from USCIS after having filed the I-130 Petition for Alien Relative? How long does it take for a response?

Chicago, IL |

I recently filed an I-130 with the help of a lawyer. My husband and I included all the documentation that was asked for. How long will it take for USCIS to respond and what should we expect?

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Attorney answers 5


You lawyer is the best source of information for the status of your case.


For one your retained a counsel of record who should advise you fully on your case every step of the way, secondly, each AOS case is different and develops individual timelines based on the nature of the documents submitted, the case load of the particular USCIS center where the application is reviewed and other factors. Generally, the whole process may take up to four or five months until completion provided there are not RFEs and other delaying impediments.

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Ask your lawyer.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


3 -6 months, depending on if you are a U.S. citizen. If you are an LPR, over one year.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


USCIS currently states the average processing time is 7.5 months for a U.S. citizen petitioning his/her spouse and 19.9 months for a lawful permanent resident petitioning a spouse. The timing will also depend on whether your husband is in removal proceedings or not and whether or not an interview is needed. You can check the status of your actual petition once you receive the receipt at this website:

Your attorney is always the best person to answer these questions because he/she knows more about your case. Also, if the petition falls outside this normal processing time, the attorney can contact USCIS to notify them of the delay.