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Archive for the ‘E2 Visa’ Category
8th December 2010
For those who frequently read this web log will undoubtedly note that a frequent topic discussed within these pages is Comprehensive Immigration Reform. In a recent document promulgated by the Congressional Research Service and distributed by the American Immigration Lawyers Association (AILA), the matter of legal inadmissibility was discussed in the context of Comprehensive Immigration Reform. The following is a direct quotation from the document published by the Congressional Research Service (CRS) and distributed by AILA:
Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals that were enacted in the 1990s. All foreign nationals seeking visas must undergo admissibility reviews performed by U.S. Department of State (DOS) consular officers abroad. These reviews are intended to ensure that they are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA. These criteria are: health related grounds; criminal history; security and terrorist concerns; public charge (e.g., indigence); seeking to work without proper labor certification; illegal entrants and immigration law violations; ineligible for citizenship; and, aliens previously removed. Over the past year, Congress incrementally revised the grounds for inadmissibility. Two laws enacted in the 110th Congress altered longstanding policies on exclusion of aliens due to membership in organizations deemed terrorist.
Terrorism has been a key concern for American government officials across the entire spectrum of agencies associated with Immigration and travel to the United States. Public health and safety are also significant issues for American Immigration and Consular Officers. To quote the aforementioned publication further:
The 110th Congress also revisited the health-related grounds of inadmissibility for those who were diagnosed with HIV/AIDS. More recently, the “H1N1 swine flu” outbreak focused the spotlight on inadmissibility screenings at the border. Questions about the public charge ground of inadmissibility arose in the context of Medicaid and the state Children’s Health Insurance Program (CHIP) in the 111th Congress.
Influenza has been concerning to many health officials in recent years. However, for many the removal of HIV/AIDS from the list of diseases which can result in a finding of inadmissibility was a relief as many individuals who were previously inadmissible to the USA may have immediately become admissible after HIV/AIDS was no longer a legal grounds for finding someone inadmissible to the USA. This issue was especially acute in the LGBT community as HIV and AIDS issues seem to have a disproportionate impact upon individuals and couples within that community. The report went on to note that issues pertaining to legal inadmissibility are likely to be discussed in the context of proposed Comprehensive Immigration Reform legislation:
While advocacy of sweeping changes to the grounds for inadmissibility has not emerged, proponents of comprehensive immigration reform might seek to ease a few of these provisions as part of the legislative proposals. The provision that makes an alien who is unlawfully present in the United States for longer than 180 days inadmissible, for example, might be waived as part of a legislative package that includes legalization provisions. Tightening up the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.
Many people are found inadmissible to the United States every year. Among those found inadmissible are those who are unable to seek a remedy in the form of either an I-601 waiver or an I-212 waiver application for advance permission to reenter the USA. Individuals who have been found inadmissible and cannot seek a waiver are colloquially referred to as being unwaivably excluded from the United States. Bearing this in mind, many findings of legal inadmissibility can be remedied through use of a waiver. That said, the waiver process and the standard of proof for obtaining a waiver can be difficult to overcome. For this reason, many bi-national couples opt to utilize the services of an American immigration attorney to assist in matters related to United States Immigration. It is always prudent to ask for the credentials of anyone claiming expertise in United States Immigration law as only a licensed American attorney is permitted to provide advice, counsel, and representation in pending matters before the United States Citizenship and Immigration Service (USCIS), the Department of Homeland Security (DHS), and the American State Department.
For related information please see: US Visa Denial.
23rd November 2010
The administrator of this blog recently came across a press release from the United States Mission in India. The following is quoted directly from the press release as distributed by the American Immigration Lawyers Association (AILA):
New Delhi – In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of Mission India’s ongoing effort to facilitate legitimate travel to the United States.
Following the opening of Consulate General Hyderabad in 2008, the U.S. Mission has looked for ways to best capture the dynamism of India’s growth across the nation. As a result, we also redesigned our consular districts. Therefore, effective immediately, our consular districts will be reorganized as follows: Embassy Delhi: Bihar, Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, Bhutan; Consulate Mumbai: Goa, Gujarat, Madhya Pradesh, Maharashtra, Diu and Daman, and Dadra and Nagar Haveli; Consulate Hyderabad: Andhra Pradesh, Orissa; Consulate Chennai: Karnataka, Kerala, Puducherry, Lakshadweep, Tamil Nadu, Andaman and Nicobar Islands; Consulate Kolkata: Arunachal Pradesh, Assam, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, West Bengal
U.S. Ambassador to India Timothy J. Roemer said, “With these changes, we believe our Consulates General and our Embassy in New Delhi will be even better positioned to support and serve Indian visa applicants, as well as American citizens and businesses throughout India.”
Actions such as those noted above can have a tremendous positive impact upon those Indian Nationals seeking United States Immigration benefits as the ability to process such travel documents at any Post in India generally results in a great deal more convenience compared to the policy of keeping Consular jurisdictions mutually exclusive.
Each year, many Indian Nationals seek visa benefits of the United States of America. While some may seek US family visa benefits in order to reunite with loved ones. Other applicants seek non-immigrant visas for short terms stays in the USA. Still others seek employment based visas to the US such as the L1 visa. Meanwhile, there are some who opt to seek United States Permanent Residence by investment through use of the EB-5 visa program.
Policies such as the aforementioned one adopted by the US Mission in India should be applauded as this shows a sincere effort on the part of the Mission in India to take measures which may be beneficial to those seeking visas to America.
For related information please see: EB-5 Visa India.
18th October 2010
US Visa Process: USCIS Service Center Estimated Processing Times
Posted by : admin
Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:
Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
---|---|---|---|
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | June 10, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | June 10, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | June 10, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | February 8, 2007 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | September 1, 2006 |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | April 16, 2010 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | April 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | April 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | April 16, 2010 |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
---|---|---|---|
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | October 2, 2005 |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | February 16, 2005 |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 10, 2008 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 10, 2008 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | July 16, 2010 |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
---|---|---|---|
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
I-129 | Petition for A Nonimmigrant Worker | Blanket L | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 28, 2007 |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | March 2, 2009 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | March 2, 2009 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | April 18, 2010 |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | April 25, 2010 |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | October 1, 2008 |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | June 16, 2008 |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | December 1, 2009 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | December 1, 2009 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | December 1, 2009 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | December 1, 2009 |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | March 27, 2010 |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | March 2, 2010 |
I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
---|---|---|---|
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | June 5, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | June 5, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | May 22, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | May 1, 2010 |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | May 22, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | May 22, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | May 22, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | May 22, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | May 22, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | May 22, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | May 22, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | May 22, 2010 |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.
For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.
19th September 2010
Making Informed Decisions about Hiring a US Immigration Law Firm
Posted by : admin
This author has frequently discussed the myriad problems that Immigrants can face when dealing with an unlicensed American immigration “agent” or “specialist“. American law and Federal Regulations are clear regarding the issue of who is allowed to provide legal services in matters arising before the United States Citizenship and Immigration Service (USCIS) specifically; or any of the other agencies which are overseen by the Department of Homeland Security (DHS). Only licensed attorneys from the United States of America are able to provide consultations about US Immigration matters for a fee. Furthermore, only an attorney licensed by the Highest Court of least one US State, Commonwealth, or outlying territory is allowed charge fees to represent clients before DHS, including USCIS.
Unfortunately, there are some unauthorized organizations throughout the world claiming to be able to provide advice and assistance in American Immigration matters. The internet has proven to be a great tool for those wishing to research matters pertaining to United States Immigration. Meanwhile, it has also provided a platform for some operations which claim legal expertise without appropriate training or licensure. Such individuals and entities ought to be avoided at all costs since information transmitted to such individuals and entities may not be protected by the usual legal protections accorded to communications conveyed between an American attorney and their client. Furthermore, one who is not legally trained or not licensed to provide legal services in a given jurisdiction or about a particular subject cannot provide effective counsel nor lawful confidentiality to those seeking their assistance. This can be especially important to those conveying sensitive information about a case pending before an immigration tribunal, agency, US Embassy, or US Consulate abroad. Those engaged in the unauthorized practice of law in the aforementioned manner are thereby placing their own interests, as well as those of their unsuspecting “clients’”, in jeopardy.
When comparing the costs of legal service it is important to understand the pivotal role of licensure when making a decision to retain counsel. No licensed legal professional is likely to have a problem with prospective clients shopping for a reasonably priced service with a professional that they feel comfortable dealing with. In general, licensed American attorneys find that competition with other professionals makes for a healthy and prosperous business environment, but to compare the services of a licensed American immigration attorney with one who is not licensed to practice law creates a false comparison as US law is clear that those without licensure cannot provide the services which they claim they can provide in an immigration context. In short: one cannot compare a legal service with an illegal service from a price standpoint as an illegal service provider simply cannot provide such services at any price.
For further information please see: licensed lawyer. To learn more about US Immigration from Southeast Asia please see: US Immigration Law Thailand.
11th September 2010
The United States is an interesting country to analyze from the standpoint of immigration. Immigrants coming to the United States have provided the engine for economic growth throughout the 19th and 20th centuries. However, in recent years there have been those who have questioned US Immigration policy as spotty enforcement and a lack of clear Comprehensive Immigration Reform measures have left some feeling as though major change to the system is necessary for legal, political, and economic reasons. One aspect of US Immigration that some Americans fail to take into consideration when researching American immigration policy is the so-called “business argument”. Many feel that skilled immigrants can provide a much needed boost to the US economy particularly in economic areas where companies in United States are not as technically proficient compared to companies abroad. To quote a recent posting on the Financial Times website:
[T]he “business argument” for an increase in skilled immigrants is being politically sidelined because of the failure of the federal government to resolve the status of the more than 11m illegal and undocumented immigrants living in the shadows, and the unwillingness – not the inability – of the government to enforce current immigration laws.
This seeming lack of political will on the issue of Comprehensive Immigration Reform may stem from the current lack of a clear Immigration policy enshrined in American law. The United States Immigration system has not seen a large scale reform in many years and this has lead to systemic inefficiencies in dealing with real time issues. However, this author believes that American Citizens and American lawmakers have the ability to craft sound immigration policies. To quote the aforementioned publication further:
A world power – founded and built by immigrants – that has prospered, in large part due to its immigrant intake over the years, must do better than depend on an immigration policy that condones “don’t ask, don’t tell”.
Once a rational and comprehensive immigration policy is properly forged – and, more importantly, enforced – one hopes that business’s demand for additional skilled immigrants will be an integral part of it.
The idea of a “don’t ask, don’t tell” US Immigration policy is a bit controversial as there are laws on the books which speak directly to issues such as unlawful presence in the United States, but the enforcement of such laws is difficult as the problem of undocumented immigrants in the US has become ubiquitous and therefore difficult to deal with. Overcoming this problem will likely result in an overall benefit to the US economy as Comprehensive Immigration Reform could pave the way for legitimate business immigration to the USA.
The benefits which can be accrued to the American economy’s favor should not be underestimated. Foreign direct investment in the United States economy will likely come from immigrants who wish to invest in American business while maintaining lawful status through utilization of some form of US visa. Meanwhile, skilled technical labor from abroad would make the US economy that much more attractive to foreign and domestic investors and increase the likelihood of future American technological innovation: which has consistently remained the American economy’s “Ace in the Hole” when making comparisons to other economic areas around the globe.
For related information please see: E2 visa or EB5 visa.
30th August 2010
In previous posts on this blog, this author has discussed so-called visa companies and other organizations that claim to be licensed to provide legal services to immigrants and prospective immigrants. In a previous post, the New York Attorney General’s campaign to combat fraudulent immigration practitioners was discussed at length. It would appear that Attorney General Andrew Cuomo is still intent upon seeing that this type of activity is thwarted. To quote directly from a press release distributed by the American Immigration Lawyers Association (AILA):
NEW YORK, NY (August 17, 2010) – Attorney General Andrew M. Cuomo today announced the latest actions in his ongoing effort to combat scams that target New York’s immigrant communities. As part of his broad investigation into immigration fraud, Cuomo has shut down seven companies and sued two other organizations for providing fraudulent legal services to immigrants.
The following seven companies and their owners have been permanently barred from operating any immigration services businesses and must collectively pay $370,000 in damages to the State of New York: (1) Centro Santa Ana, Inc. and Ana Lucia Baquero, in Queens; (2) Margo’s Immigration Services and Margarita Davidov a/k/a Margo Davidov, in Queens; (3) Miguel Fittipaldi, J.D., Ltd. and Miguel Fittipaldi, in Manhattan; (4) Arthur C. Hurwitz, in Manhattan; (5) Oficina Legal Para
Hispanos, P.C. and Geoffrey S. Stewart, in Manhattan; (6) Asilos and Camilo Perdomo, in Queens; and (7) Mision Hispana, Inc. and Mayra Liz, in Queens.The Attorney General began an investigation and issued subpoenas to these companies after receiving information that they were engaged in fraudulent and illegal business practices. The illegal conduct included, among other things, misrepresenting their authorization to submit documents on behalf of immigrants to the government and giving legal advice to immigrants. Further, some of these companies involved attorneys who aided others in the unauthorized practice of the law and simply lent their name to provide legitimacy to the business. Collectively, these companies abused hundreds of immigrants.
This author is pleased to see Attorney General Cuomo taking such a keen interest in an often overlooked problem plaguing the United States at large as well as immigrant communities in the USA. These immigrant groups are often targeted by unlicensed “visa agents” or “Immigration specialists” who prey upon uninformed consumers.
This can be a real problem outside of the United States as well. In Asia, there are many unlicensed practitioners who claim to be authorized to practice US law. When dealing with someone who claims to be US lawyer abroad it is always wise to ask for credentials in order to ascertain whether or not an individual really is qualified to provide legal advice on American immigration matters. An American attorney’s credentials can be proven by producing either a State of Federal license to practice law or a Bar Association membership card for a State or Federal Bar Association. Even after production of such documents consumers are well advised to check with the attorney’s licensing body in order to verify that the individual in question is a licensed practitioner.
For related information please see: US Attorney Bangkok
19th August 2010
The administration of this blog routinely posts information which may be beneficial for those seeking a United States Visa. The lists below show the current estimated processing times for the USCIS service centers located throughout the United States. These figures are current estimates as of June 30, 2010. The Estimated Processing Times for the Vermont Service Center are as follows:
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
---|---|---|---|
I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | April 10, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | April 10, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | October 31, 2007 |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | October 2, 2009 |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
I-90 | Application to Replace Permanent Resident Card | 10-year renewal | March 31, 2009 |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
The estimated processing times for the USCIS California Service Center are as follows:
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
---|---|---|---|
I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | March 16, 2010 |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | July 14, 2009 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | August 2, 2006 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | January 2, 2005 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | January 2, 2003 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | June 2, 2002 |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | February 16, 2010 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | February 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | February 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | February 16, 2010 |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
The estimated processing times for the USCIS Nebraska Service Center are as follows:
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
---|---|---|---|
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | January 16, 2005 |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 19, 2008 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 19, 2008 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | October 1, 2007 |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | May 31, 2010 |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
The estimated processing times for the USCIS Texas Service Center are as follows:
I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
---|---|---|---|
I-129 | Petition for A Nonimmigrant Worker | Blanket L | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 20, 2007 |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | January 29, 2009 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | January 29, 2009 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | February 23, 2010 |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | June 15, 2008 |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | November 30, 2009 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | November 30, 2009 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | November 30, 2009 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | November 30, 2009 |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | March 5, 2010 |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
Those interested in learning information about the K1 visa should note that the I-129f petition (the petition for a K1 fiance visa) is now only being accepted at a USCIS lockbox facility rather than directly at Service Center facilities. Further, those researching US Immigration matters for the first time should note that the above processing times do not reflect an accurate time line for the entire US visa process. This is due to the fact that most petitions approved by USCIS must go to the National Visa Center for a security clearance to be initiated. After the initiation of a security clearance the file must then be forwarded to the US Embassy or US Consulate with appropriate jurisdiction over the Beneficiary’s place of residence.
To check USCIS processing times directly online please go to the following page by clicking here.
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