The U.S. Citizenship and Immigration Services (USCIS) has recently updated its policy guidance concerning expedite requests. The update offers more explicit instructions on how these requests are considered and processed. This update is essential for individuals and organizations seeking to expedite their immigration benefits under specific, urgent circumstances.
What is an Expedite Request?
An expedite request is a formal application submitted to USCIS to accelerate the processing of a petition or application based on urgent and compelling circumstances. These requests are discretionarily considered, and approval depends on meeting the strict criteria outlined by USCIS. Expedite requests are especially relevant in cases where the petition is not eligible for premium processing, a separate service that allows faster processing for a fee.
Important Updates to Expedite Requests
The recent update from USCIS outlines various scenarios where expedite requests may be considered;
- Government Interests
This update makes it clear that cases involving the public interest, public safety, national interest, or national security concerns may be expedited if they are deemed urgent by the federal, state, tribal, territory, or local governments of the United States. It also clarifies that the USCIS follows the assessment of a federal government agency or department when it makes an expedite request based on government interests.
- Travel Related Requests
This update makes it clear that Form I-131 Application for Travel Documents, Parole Documents, and Arrival/Departure Records, will now be considered for expediting. This would apply for benefit requestors in the United States that have a pressing or critical need to leave the United States. It would apply whether their need to travel relates to an unplanned or planned event, which may be professional, academic, or personal commitment.
When the need is related to a planned event, the USCIS would consider the timeliness of filing the Form I-131 and the possibility that processing times would prevent them from issuing the travel document by the planned date of departure.
- Submitting and Processing of Expedite Requests
The update further clarifies how to make an expedite request, including detailing how requestors can make use of provided USCIS online tools with secure messaging, such as submitting their expedite request and uploading evidence to support their expedite request if they have a USCIS online account.
It further explains how expedited requests would be processed. USCIS would generally respond to benefit requestors who submit their request through the USCIS Contact Center which would also promptly inform requestors when a decision has been made on their expedite requests.
The updated guidance is effective immediately, binding, and supersedes any prior guidance related to it.
Looking Ahead
This updated guidance is aimed at providing applicants with more transparency about the criteria for expedite requests and how to submit them. While USCIS retains broad discretion in granting or denying these requests, the update outlines clearer pathways for urgent cases and government-related interests.
For those applying for expedited processing, it remains essential to provide detailed and well-documented justifications for the request. Furthermore, while expedite requests can provide relief in critical situations, improvements in overall processing times would reduce the need for these requests altogether.
By aligning with the updated guidance, individuals and organizations can better navigate the complexities of USCIS’s expedite process, ensuring their urgent cases receive timely attention.
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