Expedited Processing Options for New Jersey Family-Based Immigration Cases
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
Navigating the immigration system in the United States can be a complex and lengthy process, particularly for those who are pursuing family-based immigration. For families in New Jersey who wish to reunite with their loved ones, the waiting period can be overwhelming. In some situations, however, there are expedited processing options available that can significantly reduce the time it takes to secure the necessary visas and approvals. Understanding these options and how they can be applied to family-based immigration cases is crucial for anyone looking to bring their relatives to the United States as quickly as possible.
Expedited processing is a service provided by the United States Citizenship and Immigration Services (USCIS) that allows certain immigration petitions and applications to be processed faster than the usual timeframes. This service is not available for all cases and is typically granted in situations where there is an urgent need. For family-based immigration cases in New Jersey, this could mean the difference between waiting several months or even years and having a case processed in just a few weeks.
One of the primary ways to expedite family-based immigration cases is through the use of premium processing. Premium processing is a service offered by USCIS that guarantees a response within 15 calendar days for certain employment-based visa categories. While this service is not directly applicable to family-based immigration cases, it is worth mentioning because some family members may be eligible for employment-based visas that fall under premium processing. For those cases, the expedited service can significantly speed up the process. However, for most family-based immigration petitions, such as those filed under the Immediate Relative or Family Preference categories, premium processing is not an option. In these instances, other avenues for expedited processing must be explored.
Another option available to those seeking expedited processing for family-based immigration in New Jersey is to request an expedited review based on specific criteria outlined by USCIS. This request is made directly to USCIS and is only granted under exceptional circumstances. Some of the criteria that may qualify a case for expedited processing include severe financial loss to a company or person, emergency situations, humanitarian reasons, and cases of national interest. For example, if a U.S. citizen or permanent resident in New Jersey is facing a serious health crisis and their foreign-born spouse or child is the primary caregiver, they may request expedited processing on humanitarian grounds. Similarly, if there is a critical and time-sensitive reason related to the national interest, such as a family member needing to attend to urgent matters that affect public safety, an expedited request may be considered.
The process of requesting expedited processing involves submitting a written request to USCIS that clearly outlines the reasons for the request and provides supporting documentation. It is important to note that these requests are not guaranteed to be approved and are assessed on a case-by-case basis. USCIS has the discretion to determine whether the circumstances presented in the request meet the criteria for expedited processing. Therefore, it is essential for individuals seeking this option to carefully prepare their request and include all relevant information that supports their case.
For those who do not meet the criteria for expedited processing through a direct request to USCIS, there are still other strategies that can be employed to reduce the processing time for family-based immigration cases. One such strategy is to ensure that the initial application is complete and accurate when it is submitted. Incomplete or incorrect applications can lead to delays as USCIS may issue a Request for Evidence (RFE), which requires additional information to be provided before the application can proceed. By carefully preparing the application and ensuring that all required documents and information are included from the outset, applicants can avoid unnecessary delays.
Another strategy involves the timing of the application submission. In some cases, it may be beneficial to submit the application during a period when USCIS is experiencing lower volumes of applications. While this can be difficult to predict, there are certain times of the year when USCIS may be less busy, and submitting an application during these periods can potentially result in faster processing times. Additionally, some family-based immigration cases may benefit from concurrent filing, where certain petitions and applications are submitted simultaneously. This can sometimes expedite the overall process, particularly in cases where the immigrant visa petition and the application for adjustment of status are filed together.
It is also worth exploring whether there are any special programs or initiatives that may apply to a particular family-based immigration case. For example, certain family members of U.S. citizens or permanent residents may be eligible for programs that offer faster processing times or special considerations. These programs may be based on specific relationships, such as those involving military personnel or other unique circumstances. Being aware of and taking advantage of these programs can be an effective way to expedite the immigration process for family members.
In addition to these strategies, it is important for individuals seeking expedited processing for family-based immigration in New Jersey to stay informed about any changes or updates to immigration laws and policies. Immigration laws are subject to change, and new policies or procedures can impact processing times. By staying up to date on the latest developments, applicants can better position themselves to take advantage of any opportunities for expedited processing that may arise.
While the process of seeking expedited processing for family-based immigration cases can be challenging, it is important to remember that there are resources available to assist with this process. Working with an immigration attorney who is familiar with the intricacies of family-based immigration law can be invaluable in navigating the system and identifying the best strategies for expediting a case. An experienced attorney can help assess whether a case qualifies for expedited processing, assist with the preparation of requests and applications, and provide guidance throughout the entire process. They can also help ensure that all necessary documentation is submitted in a timely manner and that any potential issues are addressed promptly to avoid delays.
Ultimately, the goal of expedited processing for family-based immigration is to reunite families as quickly as possible while ensuring that all legal requirements are met. For families in New Jersey who are seeking to bring their loved ones to the United States, understanding the options for expedited processing and taking proactive steps to reduce processing times can make a significant difference in achieving this goal. Whether through premium processing, direct requests for expedited review, or other strategies, there are ways to navigate the system more efficiently and minimize the wait time for family reunification.
At The Scheer Immigration Law Group, we understand the emotional and logistical challenges that come with navigating the immigration system, especially when it comes to reuniting families. Our team is dedicated to helping clients in New Jersey explore all available options for expedited processing and guiding them through every step of the process. If you are facing delays in your family-based immigration case and are interested in learning more about expedited processing options, we encourage you to reach out to our firm. We are here to provide the support and experience you need to bring your loved ones home.
What are the Requirements to File for U.S Citizenship?
Including Your Spouse and Children in a Green Card Application
Working While an Adjustment Application is Pending