Every applicant or petitioner is entitled to request expedite adjudication. The USCIS states that it will consider all expedite requests on a case-by-case basis and that it will “carefully weigh the urgency and merit of each expedite request.” It considers the following criteria or circumstances:
- Severe financial loss to a company or person;
- Emergencies and urgent humanitarian reasons;
- A nonprofit organization whose request is in furtherance of the cultural or social interests of the United States;
- U.S. government interests; or
- Clear USCIS error.
Of the five possible grounds, most applicants will likely apply based on either the first or second ground. The USCIS has provided information in the USCIS Policy Manual on what it wants applicants to demonstrate and document.
With severe financial loss, the requestor must demonstrate that the need for expedited treatment isn’t the result of failure to timely file the relevant application or respond to any Request for Evidence. The most common financial harm will be due to potential job loss, inability to travel for work purposes, or loss of critical public benefits or services. The need to obtain employment authorization, standing alone and without evidence of “other compelling factors,” would not warrant expedited treatment.
Emergencies and urgent humanitarian reasons are only those related to human welfare, which include “illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time.” Applications for humanitarian relief — such as asylum, refugee status, or humanitarian parole — include, by their nature, urgent humanitarian situations and therefore would not warrant expedited treatment.
The supporting evidence that the applicant needs to submit would depend on the emergency. For health-related reasons, it would be a letter from a doctor, hospital, or clinic stating the medical diagnosis and critical nature of the health issue, as well as proof of the requestor’s relationship with the affected party.
The USCIS will also entertain a request for expedited processing of a travel document if the applicant demonstrates a “pressing or critical need.” Examples could include an unexpected incident such as the need for medical treatment or the death or serious illness of a family member. It could also include the need to travel for a planned event, assuming the applicant filed the Form I-134 well in advance of the meeting, conference, training, wedding, or graduation. Travel for vacation purposes, obviously, would not qualify. The supporting evidence that the applicant needs to submit would include a copy of the invitation to the event or a letter from the academic institution, as well as proof of the critical need for the applicant to attend.
Please take note that if a visa is available for your relative’s category, and their case involves a life-or-death medical emergency, processing of your case may be expedited. (If a visa is not available, unfortunately there is nothing that NVC can do to expedite the case. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.)
To expedite your case, whereby your immigration petition has been approved, but your circumstances do not warrant to stay far away from the petitioner subject to meeting the expedite criteria/grounds as set out in the expedite eligibility criteria, contact us. Our Immigration Lawyer will assist your and will draft/prepare/process expedite petition, will recommend/advise the documentary evidence to be annexed with the expedite petition and will submit/send as the case /situation may be for the consideration by relevant authority.
An Immigration lawyer can help you determine if you meet these or other qualifications to request for expedite your immigrant case subject to fulfilment of the eligibility criteria and valid permissible grounds.
If you have any questions or need further information, please do not hesitate to schedule of appointment for free consultation session.
