Natvit

Please share your personal experience. I have noticed that for many people time
between the I-140 approval and the I-485 is a year or so. Is that the medical exam
that takes time?

Appreciate, natvit

Sylvia Ottemoeller

natvit wrote:

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It is not the time between the "I-140 and the I-485" that you are talking about. A
person can usually file the I-485 application the next day after the I-140 approval
has been received.

The long processing time is between the *filing* of the I-485 and the *approval* of
the I-485. The main reason for this processing time is volume of applications
compared to INS personnel available to perform the I-485 adjudication. The I-485 case
sits in storage for over a year in most places. It probably takes only about an hour
for an INS examiner to adjudicate the I-485 when it finally gets to the top of the
pile, or whatever method of organization he or she uses.

The FBI check of the fingerprints takes some time, but it is a small amount of time
compared to the overall processing time. Every once in awhile you will hear of an
I-485 taking only 3 or 4 months from filing to approval.

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No. A medical exam can be completed in a day or two. The sealed medical exam results
are included in the I-485 application. When the INS examiner finally adjudicates the
I-485, he or she probably takes about a minute on the medical exam. He or she opens
the sealed results, looks at them, and if they are O.K., moves on to further duties.

J J

Sylvia Ottemoeller <[email protected]>

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Do you know why that happens? Is it because your package accidentally goes to the top
of the pile?

Thanks

C . Matthew Schulz

J J wrote:

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[usenetquote2]>> Every once in awhile you will hear of an I-485 taking only 3 or 4 months from[/usenetquote2]
[usenetquote2]>> filing to approval.[/usenetquote2]
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JJ:

The INS reallocates staffing and priorities much like an understaffed fire
department. That is why processing times on the regional service center reports often
fluctuate.

Sometimes processing is radically reduced because the INS is training new staff,
additional staff are added to the unit handling that type of application, or staff
are processing petitions/applications out of turn as part of an audit/inspection.

And, of course, the processing times and relative staffing priorities are not the
same at all local and regional INS offices across the country.

Otherwise the INS is pretty consistent about processing applications in the
order received.

I hope this helps.
--
C. Matthew Schulz, Attorney at Law [email protected] Baker & McKenzie Two
Embarcadero Center, San Francisco, CA 94111 T 415.984.3809 F 415.576.3099 660
Hansen Way, Palo Alto, CA 94304 T 650.856.5528 F 650.856.9299 www.schulzlaw.com

Agy

I have a question related to your answer, Sylvia. I am a DV-2002 lottery winner, in
the US with F-1. This year's adj. of status package contains the med. exam.
documents, but also a note that says "medicals are not to be processed until you
receive your appointment date". So I decided not to send the med. exam. reports with
my I-485 package, instead I will take them to the interview. Or should I send them
eith the package?

Thanks.

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[usenetquote2]> > Please share your personal experience. I have noticed that for many people time[/usenetquote2]
[usenetquote2]> > between the I-140 approval and the I-485 is a year or so.[/usenetquote2]
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[usenetquote2]> > Is that the medical exam that takes time?[/usenetquote2]
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Sylvia Ottemoeller

My remarks below were concerning employment-based I-485s, which are submitted to the
INS Service Centers, and which must always be accompanied by a medical exam report.

DV-based I-485s are filed with the INS district office, of course. Each INS district
office has its own rules regarding inclusion of the medical exam report with the
I-485. Some require it and some don't. Some have required it for a number of years,
and then change policy to not requiring it, and vice versa.

You absolutely must find out for your particular INS district office whether or not
the medical exam is required to be filed with the I-485 at the present moment, or if
it is to be carried in to the interview. You may have to call an immigration attorney
to get the information.

agy wrote:

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[usenetquote2]> > natvit wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Please share your personal experience. I have noticed that for many people time[/usenetquote2]
[usenetquote2]> > > between the I-140 approval and the I-485 is a year or so.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It is not the time between the "I-140 and the I-485" that you are talking about.[/usenetquote2]
[usenetquote2]> > A person can usually file the I-485 application the next day after the I-140[/usenetquote2]
[usenetquote2]> > approval has been received.[/usenetquote2]

[snip]

[usenetquote2]> > > Is that the medical exam that takes time?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > No. A medical exam can be completed in a day or two. The sealed medical exam[/usenetquote2]
[usenetquote2]> > results are included in the I-485 application. When the INS examiner finally[/usenetquote2]
[usenetquote2]> > adjudicates the I-485, he or she probably takes about a minute on the medical[/usenetquote2]
[usenetquote2]> > exam. He or she opens the sealed results, looks at them, and if they are O.K.,[/usenetquote2]
[usenetquote2]> > moves on to further duties.[/usenetquote2]