On October 11, 2024, U.S. Citizenship and Immigration Services (USCIS) released updated guidance about expedited requests, particularly for those needing to travel due to urgent professional, academic, or personal commitments. This policy now addresses both planned and unplanned travel, providing individuals with clear guidelines on how to seek expedited adjudication of their applications or petitions.
What Are Expedite Requests?
Expedited processing can be requested by individuals within the U.S. for a range of applications, petitions, and motions filed with USCIS. However, these requests are evaluated on a case-by-case basis, and USCIS retains complete discretion over whether or not to grant them.
Key Factors Considered for Expedite Requests
Here are the scenarios in which USCIS may consider expediting a case:
- Urgent Travel Requirements: Whether planned or unplanned, individuals who need to leave the U.S. urgently due to professional, academic, or personal reasons may request expedited processing of their travel documents (such as parole).
- Government Agency Requests: When a federal government agency identifies a case as urgent or in the public interest, USCIS will typically defer to that agency’s assessment of the situation.
- Severe Financial Impact: Expedited processing may be granted in situations where a delay would cause significant financial harm to a U.S. company or individual. However, the urgency cannot stem from the applicant’s own failure to meet deadlines or respond to prior requests for information.
- Humanitarian or Emergency Situations: Expedite requests may be granted in emergencies or urgent humanitarian situations, such as health-related issues, family emergencies, or other urgent personal needs.
- Nonprofit Organizations: Nonprofits engaged in activities that align with U.S. cultural, social, or educational interests can also request expedited processing when their mission or projects could be delayed due to the usual processing times.
- Public Safety and National Security: Cases flagged as urgent due to concerns over national security or public safety may be prioritized for expedited handling by USCIS.
- Correcting USCIS Errors: If an error by USCIS has caused a delay in processing a case, applicants may request expedited review to rectify the mistake.
How to Request an Expedite
To request an expedited review, individuals or their representatives must contact the USCIS Contact Center with a clear explanation of the urgency and supporting documentation. Each request is evaluated carefully, and meeting one or more of the criteria does not guarantee approval.
Types of Cases Eligible for Expedite Requests
USCIS has highlighted that expedite requests may apply to various case types, including:
- Adoption cases
- Asylum and refugee status applications
- Petitions for refugee or asylee relatives
- Humanitarian parole
- T and U nonimmigrant visas (for victims of trafficking or criminal activity)
- Other benefits, particularly those processed outside the U.S.
Conclusion
The new guidance makes it easier for individuals to understand when they may be eligible for expedited processing due to urgent or critical circumstances. Whether for travel, humanitarian concerns, or severe financial impact, knowing the updated process can help individuals address their needs quickly.
For advice on expedited requests or assistance with other immigration matters, contact NPZ Law Group. We can guide you through the process and ensure your case is presented effectively.