Processing Times

Several factors affect the processing time of a Form I-601, Application for Waiver of Grounds of Inadmissibility.  The factors include the location where application is filed, the complexity of the facts of a case, and the need for any additional research or information, such as a request for additional evidence (RFE).

The location where an application is filed impacts processing time in two ways:

First, the location of the filing may impact how long it takes for USCIS to receive the application.  Outside the United States, I-601s are filed with the Department of State Embassy or Consulate that has jurisdiction over the applicant’s residence.  If an application is filed in a country where USCIS does not have a presence, the Department of State mails the application packet to the USCIS office that has jurisdiction.  For example, if the application is filed in Colombia, where USCIS has no presence, the application will be mailed to the USCIS office in Panama.  The mailing process may result in delays. 
Second, the filing location may affect processing times because of heavy workloads  in particular offices. Currently, most USCIS offices (both overseas and domestic) are generally processing I-601 applications in approximately 6 months.

Expedite Requests

 On May 9, 2011, expedite guidance for overseas USCIS Field Offices was published on the USCIS website.  
The types of extraordinary circumstances that may, generally, merit expedited processing of a Form I-601 are those in which there are time-sensitive and compelling situations that necessitate the applicant’s presence in the United States sooner than would be possible if the application were processed under normal processing times. Those situations may include, but are not limited to, situations in which the applicant establishes one or more of the following:

The applicant has urgent and critical medical needs that cannot be addressed in the applicant’s country;

An applicant’s family member in the United States has a serious medical condition and has urgent and critical medical needs related to that condition that require the applicant to assist the family member in the United States;

 The applicant is faced with urgent circumstances related to the death or serious illness of a family member;

 The applicant or qualifying family member is a particularly vulnerable individual due to age, serious medical condition, or disability and this vulnerability is exacerbated by the applicant’s presence outside the United States;

 The applicant is at risk of serious harm due to personal circumstances distinct from the general safety conditions of those living in the applicant’s country;

  It would be in the national interest of the United States to have the applicant in the United States (for example, the applicant’s presence in the United States is urgently required for work with a U.S. government entity); or

  As described in a request from or for a member of the Armed Forces of the United States:
  oThe applicant’s qualifying family member is a member of the military who is deployed or will soon be deployed; and
  oThe applicant demonstrates that, in light of the deployment there are compelling reasons to expedite the request due to the impact of the applicant’s absence from the United States on the applicant, the qualifying family member, or their children, if any.

Mexico

The USCIS office in Ciudad Juarez, Mexico receives approximately 80% of all I-601 overseas filings.  In Ciudad Juarez, Form I-601 receipts grew 570 % from 3,280 in FY2005 to almost 22,000 in FY2008, overwhelming the production capacity of the office. 2009 and 2010 saw a continuing trend of increased receipts of waivers.  In light of the staffing constraints and large volume of applications received at Ciudad Juarez, the office significantly streamlined the process to institute procedures to permit rapid adjudication of "clearly approvable" waiver applications.  With a two-tiered system in place at least until the end of this year, processing times for approximately 50% of applications filed in Ciudad Juarez have in the recent past have been adjudicated in less than one to two weeks.   Therefore, processing time is dependent upon whether the I-601 can be immediately adjudicated (when it is "clearly approvable") or if it must be referred.  Approximately 50% of all applications filed have been found to be clearly approvable on the evidence submitted with the application and therefore are approved fairly rapidly.  Currently, as of August 2011, the in-house caseload has increased to the point where adjudication is now taking 7 to 8 weeks for the fast-track processing to be completed.  This however is quite fast by government standards, given the amount of work involved.

The remaining 50% are “referred” to other offices outside of Cuidad Juarez for further consideration. This could occur when a packet is not properly documented, when there is no real hardship that meets the legal standard, or where  issues presented by I-601 applications are complex and require additional consideration or research.  In those instances, the same-day adjudicator may determine that the issues presented require research or that the application must be denied because the applicant is not eligible for a waiver. These more complex cases, or cases that require denial, or incomplete submissions, which are “referred” to another adjudicator for further consideration and adjudication, require more time. Due to insufficient resources, the International Operations Division has established sites in Mexico City, Anaheim California, to adjudicate these "referred" cases.  They are currently in a turnaround time of 6-12 months.  Processing

The elimination of the CDJ backlog for referred cases was a priority for the International Operations Division during Fiscal Year 2010. All Mexico City Field Offices located in Mexico (the CDJ, Mexico City Field Office, and Monterrey Field Office), the International Adjudications Support Branch ( IASB) (in its first full year of operation), and four detailed domestic offices (the LA Asylum Office, Miami Asylum Office, El Paso Field Office and the Vermont Service Center) worked on reducing the CDJ backlog.  Recently timing for referred adjudications appear to have improved and some are decided within a 3 to 6 month time period.  In a meeting with AILA and the Anaheim Office,  Pilar Peralta Mihalko, Branch Chief of the International Operations Division’s (IO) IASB.stated the following,

"It is IO’s goal for Fiscal Year 2011 to adjudicate I-601 applications within 6 months or less from receipt of the application. This time is adjusted for any time pending receipt of information from sources outside
USCIS such as responses to request for evidence (RFE) or fingerprint results. It is important to understand that if a case is not approved at CDJ during same-day processing that the applicant will
generally be issued an RFE; the processing time will be tolled pending receipt of the evidence or 84 days if no evidence is received."

Further changes however are on the horizon and fast-track processing in Ciudad Juarez may be eliminated entirely.  Check back for updates after October 1, 2011.

Rome District

Italy, Algeria, Andorra, France, Gibraltar, Holy See, Libya, Malta, Mauritania, Monaco, Morocco, Portugal, San Marino, Spain, Tunisia, and Western Sahara:

The Rome District Office has direct jurisdiction for USCIS immigration matters in the listed locations. The estimated processing time for adjudicating the I-601 waiver application is currently approximately six months from the date of receipt.

Rome jurisiddiction covers the Field Offices in: Ghana; Jordan; Greece; Germany; South Africa; United Kingdom; Russia; Kenya;, Austria.

Immigrant Waiver processing time frame is 3-4 months. Athens, Rome, Amman, and London have online case status available on their respective US Embassy websites. Case Status can be tracked by using the visa case number. Online status reports are updated once a month.

It appears that some Consular sections are willing to take the waiver packet at time of initial interview, while others will not. Given this, USCIS recommends that you contact the relevant Consular section for your pending case to determine whether that office is willing to accept the I-601 at time of initial interview.

The London Field Office

United Kingdom, Republic of Ireland, Denmark, Finland, Iceland, Norway, and Sweden: The London Field Office has jurisdiction over U.S. immigration matters in the listed countries. Waivers are being adjudicated usually within 15 weeks depending upon the gravity of the offense. The more serious issues take longer to be adjudicated.

For applicants residing in Denmark, Finland, Iceland, Republic of Ireland, Norway, and Sweden, the I-601, Extreme Hardship Statements are filed with the Consular
Officer at the Embassy where the beneficiary of the petition applied for the Immigrant Visa. The Consular Officer will then review the application for the waiver and all the
required supporting documentation and forward it to USCIS Field Office London for adjudication.

For applicants who reside in the United Kingdom; the I-601 and all supporting documentation must be mailed to the London Field Office.

The Frankfurt Field Office

Germany, Netherlands, Switzerland, Luxembourg, Liechtenstein, and Belgium: The Frankfurt Field Office has jurisdiction over U.S. immigration matters in the listed countries. Best estimate for processing time for an I-601 is 90 days.

Russia - Moscow Field Office

The Moscow Field Office has jurisdiction over U.S. immigration matters in the following countries: Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan

Philippines - Manila Field Office

The Philippines, New Guinea, Micronesia, Marshall Islands, Palau, Kiribati, Tuvalu, Fiji, Vanuatu, Solomon Islands, Tonga, Samoa, Wallis, Futuna, New Caledonia, Pitcairn Island, Overseas French territories of French Polynesiam, most island nations in the Pacific region that are not covered by the other Field Offices in the Bangkok District.

The Manila Office has a tough reputation for waivers. Their processing time is usually 6 months or mor

The San Salvador Field Office has jurisdiction over U.S. immigration benefits activities in El Salvador. The San Salvador Field Office adjudicates the waivers and currently takes between six months to a year to be adjudicated.

The Guangzhou Field Office adjudicates I-601 waivers for all of China. Upon receipt of the I-601 from the Consulate, it can take USCIS as long as six months to process the waiver application.

The Kingston office has jurisdiction over U.S. immigration benefits and eligibility investigation activities for the following countries: Jamaica, Bahamas, Turks and Caicos Islands, Cayman Islands, Anguilla, British Virgin Islands, Montserrat, Aruba, Bonaire, and Curacao islands. The Kingston Office also provides certain U.S. immigration services on behalf of U.S. Citizens stationed in Guantanamo Bay, Cuba.

Australia, Cambodia, Thailand, Burma, Laos, Singapore, Indonesia, Malaysa, Brunei, East Timor, and New Zealand: The Bangkok District Office has jurisdication over waivers in the listed countries. Waivers are being adjudicated in approximately 3 months, but complex cases could take longer. Office states, "Processing time may vary depending on the cause for denial and waiver requirements."

The New Delhi Field Office has jurisdiction over U.S. immigration matters in the following countries: Bangladesh, Bhutan, India, Maldives, Nepal, Sri Lanka, Pakistan, and Afghanistan.

Burundi, Central African Republic, Congo, Dibouti, Eritrea, Ethiopia, Kenya, Rwanda, Seychelles Islands, Somalia, Sudan, Tanzania and Uganda:

The Amman, Jordan Field Office.