Quick approval of I-140
In August 2005, we filed a I-140 (Immigrant Petition for Alien Worker) for our Chinese client. It was approved in only two months. We immediately started preparing his I-485 petition for a Green Card and filed the I-485 in the same month. We thought this case was being processed timely, since our client was scheduled for fingerprints’ check. Unfortunately, this case became one of those cases were the FBI delayed months or years to check the fingerprints. USCIS would always answer that as long as they had no response from FBI, they could not continue with the case. They even had him go again for another fingerprint check in 2006. There has been a change since February 2008, according to new regulations. Today, if a Green Card petition is approvable, and the FBI check has been pending more than 180 days, then USCIS has to approve it.
Long wait for Green Card
Through 2006 and 2007 we did several inquiries and follow ups. Later, a formal inquiry was filed through a Senator. Finally, in January 2008 USCIS processed the case and sent us a notice (RFE) asking for the medical examinations to be sent within 30 days. We sent our client’s medical examinations three days before the deadline. We were shocked when in April 2008, after nearly three years, USCIS denied the I-485 (Green Card) saying we had not filed the response to RFE on time. Our client was devastated thinking they would have to start from the beginning again.
We filed a Motion to Reopen for our client, showing evidence that we had filed on time. By the end of the month USCIS had reviewed the case, and determined that our response had been presented in timely manner. They also ordered the case to be reopened and restored to the previous pending status. We were all very excited when our clients Green Card was approved and in their possession.