Legal Question in Immigration Law in Maryland

Processing time

Hi, We filed a I-485 in June 2006 along with the I-130. The I-130 was approved on 8/15/07 In Sept 2006 they asked for more evidence on the I-485 which we supplied them on Oct 16, 2006. The USCIS website states a processing Date for I-485's is Dec. 7, 2006.

To determine if they are processing our case yet do we use

the orignial date that we Filed (June 2006).

Or The date they received the addtional evidence they asked us for (Oct 17, 06) or

the date they approved our I-130 (Aug 15, 2007).


Asked on 10/02/07, 11:25 am

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Processing time

Here's what the USCIS web site has to say about exceptions to the processing dates:

"There are several important exceptions to the processing times shown below:

* Case processing will be delayed if we must ask you for more evidence or information.

If we ask for missing required initial evidence, count the processing time from when we receive that missing evidence."

Therefore, it depends on the type of evidence they asked for. If it was a request for "initial" evidence -- i.e., evidence that they expected would have been submitted with the original application but wasn't for some reason -- the time starts ticking upon receipt of that evidence. In this case, that's 10/17/06.

If it's a typical RFE, then all they say is the case may be delayed. I don't think there's any good way to tell what impact an RFE will have on timing, and those times are just a rough guide, anyway.

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Answered on 10/02/07, 11:42 am


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