What to Do If Your I-485 Processing Time Exceeds Expectations

Are you waiting for your I-485 approval? You’re not alone. According to the USCIS Case Processing Times checker, Form 1-485 for EB-5 investors is processed in 11.5 months. Unfortunately, many investors wait much longer. But why do they face such delays?

Keep reading to understand the I-485 process for EB-5 investors. We’ll cover common reasons for delays and how to avoid them. And most importantly, you’ll learn what to do if your application takes longer than expected.

What is I-485?

The I485 application helps you change your temporary visa status to permanent residency status. You can file it after your I-526 petition gets approved.

To be eligible, you need the following:

• Approved I-526 form
• Current priority date
• Proof of maintaining your investment.

You must also show you’re admissible to the U.S. and haven’t violated your current visa status. With the I-485 form, you will only get a conditional permanent resident. To remove the conditions, you must file an I-829 petition 90 days before your green card’s second anniversary.

Typical I-485 Timeline for EB-5 Investors

The I-485 process for EB-5 investors usually takes 18 to 24 months. Some cases might be faster, while others could take longer. It will depend on several factors (more on this later), but every application will go through this journey.

1. Filing Your Application

You’ll submit your I-485 form along with supporting documents. This includes:

• Proof of your approved I-526 petition
• Birth certificate
• Passport
• Medical exam results
• And evidence of maintaining your EB-5 investment.

Make sure to include all required forms and fees.

2. Receipt Notice

USCIS will send you a receipt notice within 2-3 weeks. This document confirms they got your application and gives you your case number. You’ll use this number to check your case status online.

3. Biometrics Appointment

You’ll typically receive a biometrics appointment notice 3-5 weeks after filing. At this appointment, USCIS will take your fingerprints, photo, and signature. The data collected is used for background checks.

4. Employment Authorization Document (EAD) and Advance Parole (AP)

If you applied for these, you might receive them 3-5 months after filing. The EAD is a work permit that allows you to work for any employer in the U.S.

The Advance Parole (AP) document lets you travel internationally while your I-485 is pending without abandoning your application.

5. Request for Evidence (RFE)

In some cases, USCIS might ask for more information about your application. This could include information about your EB-5 investment, your personal history, or any part of it.

If you get an RFE, you typically have 87 days to respond. This can add 2-3 months to your timeline.

6. I-485 Processing Interview

Not all EB-5 investors need an interview, but if you do, it usually happens 6-12 months after filing.

The interview typically lasts 20-30 minutes. An officer will verify your information and might ask about the following:

• Your investment
• Your plans in the U.S.
• And your background.

7. USCIS Decision

The USCIS will decide on your case after reviewing your application.

This could happen anywhere from a few weeks to several months after your interview (or after all required evidence is submitted if no interview is needed).

Once approved, you’ll get a welcome notice in the mail.

8. Green Card Delivery

The USCIS will mail your conditional green card, which is valid for two years. It will arrive 2-3 weeks after approval. 

Check that all information on the card is correct when you receive it.

The Factors Affecting I-485 Approval

You must understand the factors affecting your I-485 application to increase your chances of getting approved.

Let’s look at the most important factors:

Factor #1 – Project Eligibility Requirements

Your EB-5 investment must remain eligible throughout your I-485 process. This means the project should continue creating or preserving the required jobs. USCIS will check if the project is progressing as planned. Any undocumented changes to the project could affect your application.

So stay in touch with your Regional Center or project developers. They should keep you updated on the project’s status and notify you about any potential issues that might arise.

Factor #2 – Application Completeness and Accuracy

Missing documents or incorrect information can lead to delays or denials. Double-check all forms before submitting.

Ensure you’ve signed everywhere required. Include all necessary supporting documents, such as your birth certificate, passport, and medical exam results. Provide English translations for any documents not in English.

Important Note: If USCIS requests additional evidence, respond promptly and thoroughly. 

Factor #3 – Source of Funds Documentation

USCIS scrutinizes the source of your EB-5 investment funds closely. You need to prove that your investment came from lawful sources. So, you must provide a clear paper trail of how you obtained your funds.

This might include:

• Tax returns
• Bank statements
• Property sale documents
• Or gift letters.

Note: If you used a loan, show that you are liable for it.

Factor #4 – Personal Factors

USCIS will review your criminal record, if any. Even minor offenses can impact your application, so disclose everything honestly.

Your immigration status matters, too. Ensure you have not violated your previous visa terms.

USCIS is also particular with background checks. They’ll verify your identity to check for any security concerns. So, if you have concerns about your background, consider discussing them with an immigration lawyer before filing.

Factor #5 – USCIS Policy Changes

Immigration policies can change. USCIS might introduce new forms, adjust fee structures, or modify eligibility criteria. Policy shifts will impact your processing times.

So you must stay informed about these changes. Check the USCIS website regularly for updates. Consult with your immigration attorney if a significant policy change occurs during your I-485 process. They can help you understand how the changes affect your case and advise on any necessary actions.

Facto #6 – Regional Center Status (If Applicable)

USCIS must have approved and maintained the regional center’s designation. If they terminate your regional center’s status, this could jeopardize your application.

Your regional center should comply with all USCIS reporting requirements. They need to demonstrate ongoing economic impact and job creation. Stay in touch with your center throughout the I-485 process. Ask for updates on their USCIS compliance and overall status.

Addressing Delays in the I-485 Processing Time

You’ve sent a strong I-485 application and checked all the boxes. But sometimes, delays still happen. While you can’t always control these delays, you can take steps to help your application move along faster.

Here are some essential things to do while waiting for your I-485 approval.

1. Stay Informed About Your Case Status

Enter your receipt number in the USCIS online case status checker to see the latest updates. You should also sign up for email or text notifications about your case. These alerts can inform you about your progress or requests from USCIS.

2. Consider Making Case Inquiries

Compare your timeline with the posted average times. You can submit a case inquiry if your case is outside standard processing times.

First, check the USCIS processing times page. Find your form type and field office. You can send an inquiry if your wait time exceeds the listed time. 

Prepare your receipt number and personal information. Then explain your situation clearly. If you are still waiting to hear back in 30 days, try calling the USCIS Contact Center. Be polite and provide all requested information.

Pro Tip: Only make one inquiry at a time. This can be confusing for the system and potentially slow your application down.

3. Seek Congressional or Ombudsman Assistance

If regular inquiries don’t help, consider contacting your local congressional office. They can inquire about your case with USCIS. You’ll need to fill out a privacy release form. Then, provide a clear summary of your case.

Or you can go to the USCIS Ombudsman’s office. They can help if you’re facing more serious issues. Submit a case assistance request through their website. Include all relevant details and your documentation. Remember, these options are for cases with long delays or problems. Use them ONLY after you’ve tried regular USCIS channels.

4. Maintaining Valid Immigration Status

If possible, maintain your current immigration status. If you’re on a work visa, keep it valid until your green card is approved.

Note: Some visas allow you to extend your stay while your I-485 is pending. If you applied for a work permit with your I-485, you can work using that once approved.

5. Keeping Documents Up-to-Date

All your important documents should stay current during the I-485 process. You must:

• Renew your passport and work permit
• Keep your driver’s license valid
• Ensure all other ID documents are updated
• Update your marital status if you recently got married or divorced
• Update your address within ten days if you moved

Also, keep copies of any new documents related to your EB-5 investment.

Important I-485 Checklist Items for a Smooth Application

An accurate and complete application is the key to a smooth I-485 process. USCIS might send you a Request for Evidence (RFE) if your application needs to be completed. And this adds up to your timeline. Also, documents must be included to avoid delays or even denial.

So take the time to gather all required documents before you file.

Here’s a comprehensive checklist of documents to help you prepare for your I-485 application: