As a Miami immigration lawyer, I often receive inquiries from clients in regard to whether they can “speed” up the processing or the review of their applications/petitions. Below are some frequently asked questions.
Can I request to have my immigration application or petition expedited (“sped up”) by the USCIS?
You may request to have your immigration application or petition “expedited” by the USCIS. The USCIS reviews all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.The burden is on you to demonstrate that one or more of the expedite criteria have been met. If you have any questions about this process, do not guess. It is best to speak with a Miami immigration in regard to this.
What are the criteria to expedite (speed up) a petition or application?
The USCIS may expedite a petition or application if it meets one or more of the following criteria:
- Severe financial loss to company or person;
- Emergency situation;
- Humanitarian reasons;
- Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States
- Department of Defense or national interest situation;
- USCIS error; or
- Compelling interest of USCIS.
Again, if you have any questions in regard to the expediting or “speeding up” of your petition or application, you should speak with a Miami immigration lawyer in regard to same.
My petition/application has Premium Processing Service available – can it be expedited?
USCIS does not consider petitions and applications that have Premium Processing Service available for expedited processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service that is acting in furtherance of the cultural and social interests of the United States. Again, if you have any questions in regard to same, you should speak with a Miami immigration lawyer.
I have submitted an expedite request. Is approval by the USCIS guaranteed?
In short, no. Approval of such requests is discretionary and USCIS reserves the right to request documentation supporting the request to expedite an application or petition.
If you would like more information on expedite requests to USCIS, please contact Miami immigration lawyer Michael G. Murray, Esq. at (305) 895-2500 or visit our website at www.mmurraylaw.com.