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By: Jennifer Fabian-Verzosa, Esq.
This article explores how to expedite your I-130 FAMILY Petition or I-765 Employment Authorization Application with USCIS.
What is an Expedite Request?
If you are in a bind, you can submit a formal request to USCIS, asking it to process your application or petition more quickly. If approved, processing of your case moves to the front of the line.
First Step: Do You Qualify?
Keep in mind that these are requests, which means approval is not guaranteed. In fact, USCIS only grants expedites in limited, specific circumstances. You must prove that your situation falls into one of these categories:
- Severe Financial Loss: For example, an individual who will lose their job and critical benefits if their work permit is not processed.
- Urgent Humanitarian Reasons: This usually involves documented medical emergencies, such as the death of a family member, or urgent situations related to human welfare (such as being a victim of domestic violence).
- U.S. Government Interests: This means a federal agency would have an interest, because your case affects national security or public safety.
- Clear USCIS Error: If your case is delayed because USCIS made a mistake (e.g., they lost your file or entered your data incorrectly).
- Nonprofit Interests: If you work for a nonprofit whose mission furthers the social or cultural interests of the U.S., and your role is critical to that mission.
How to Submit the Request
While you can submit a request with your filed application or petition, in my experience as an immigration lawyer, these are frequently overlooked by USCIS. Once you have your Receipt Number (listed on your I-797 notice rom USCIS), you can use one of three methods to file an expedite request:
Option A: Call the USCIS Contact Center
Dial 1-800-375-5283. When the automated system asks how it can help, say "Expedite Request." You will eventually be connected to an agent who will take down your reasons for the request.
- Tip 1: Before you call, be prepared! You will need to provide a concise, 2–3 sentence explanation of why your case is urgent, and which one of the specified USCIS reasons above (for example, Severe Financial Loss, Urgent Humanitarian Reason, etc.) your request falls under.
- Tip 2: If you are calling to expedite an I-765, you must be the applicant, or the applicant must be present with you over the phone. If you are calling to expedite an I-130, you must be the petitioner, or the petitioner must be present with you over the phone.
Option B: Use "Ask Emma"
On the USCIS website, click the "Ask Emma" icon. Type "Expedite Request" into the chat. The virtual assistant can connect you to a live chat agent who can initiate the service request for you.
- Tip: Since this is an AI-driven chatbox, it is driven by prompts and can be faulty. Certain responses will lead you to another area, away from your original topic of inquiry. At busier times, you will be placed in a long queue that can last for hours, only to be disconnected when you finally get close. I am speaking from experience! For these reasons, a phone call or online request might be better, especially if you are short on time.
Option C: Submit on your USCIS Online Account
If you filed online or linked your paper case to an online account, navigate to your Inbox to send a Secure Message to USCIS. Select "Expedite" as the inquiry type. This is often the most effective method because it allows you to upload your evidence immediately.
- Tip: Gather the evidence to support your request
beforehand. If you are still waiting on a document to arrive (such as a doctor letter), wait to submit your request until you have scanned such letter.
That way, once you send the message to USCIS, you can upload the evidence immediately after. USCIS could take a day, or a couple weeks to review your request, so be fully ready before you hit send.
Gather the evidence to support your request beforehand. That way, once you send the message to USCIS, you can upload the evidence immediately after.
How will I be notified of the decision?
USCIS will notify you of their decision via email.
What happens if my Expedite Request is denied?
If denied, your case simply returns to the main queue, subject to the normal processing times. You do not lose your place in line just because you submitted an expedite request.
- Tip: If your expedite request is denied and your situation is dire, you can contact your local U.S. Representative or Senator. Their office has a dedicated immigration liaison who can inquire with USCIS on your behalf.
My Expedite Request has been approved. Now what?
Even if you receive a message from USCIS that your expedite request “meets the minimum criteria”, please note that this is still only considered a preliminary approval. Your request must still get to the next step, which means it must be transferred to the adjudicating USCIS field office or service center, which must still process the request. Unfortunately, this final stage can also take weeks, or months. This is why it is a good idea to submit your expedite request as soon as you can.
Additional Tips
- Timing Matters: If you are in a bind, do not wait until the last minute to file. File as soon as the evidence is available, as USCIS can take weeks (and lately, even months) to fully approve your request.
- Check for Premium Processing First:
This post only covers expedite requests for family-based petitions or applications. If your form type (like an I-140 or certain I-765s) offers
Premium Processing, USCIS will generally not grant a free expedite. You are expected to pay the fee for the faster service instead.
Our FAMILY-BASED IMMIGRATION LAW OFFICE can assist you with determining the types of evidence and documentation that could best support your expedite request. We are experienced in assisting couples and families with the immigration of their loved ones all over the world. We provide both in-person and remote immigration legal services wherever you are. Contact us today!
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**Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa, an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**
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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.
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