The United States Citizenship and Immigration Services (USCIS) Santa Ana Field Office handles a wide variety of applications and petitions related to immigration. Understanding the current processing times for these cases can help applicants plan and manage their expectations. This blog covers some of the key forms processed at the Santa Ana Field Office, including the I-130, I-140, I-730, and I-485, with estimated timeframes and useful tips.
1. I-130: Petition for Alien Relative
The I-130 form is used by U.S. citizens and lawful permanent residents to establish the qualifying family relationship needed for a family member to immigrate to the United States.
Processing Times at the Santa Ana Field Office:
The average processing time for an I-130 can vary depending on the relationship between the petitioner and beneficiary. In general:
- Spouse, parent, or unmarried child under 21 of a U.S. citizen are estimated to be approximately 9 to 12 months.
- Siblings, married children, or adult children of U.S. citizens and relatives of permanent residents estimated to be around 12 to 55 months (varies by category on the visa bulletin).
Tips:
- Check your case status online: The USCIS provides an online tool to track your case status using your receipt number here.
- Submit a complete application: Ensure that all required documents, such as birth certificates, marriage certificates, and proof of U.S. citizenship or lawful permanent residency, are included to avoid delays.
- Make sure you update your address if you move while the application is pending.
- No premium processing for I-130 petitions.
2. I-140: Immigrant Petition for Alien Workers
The I-140 is an employment-based petition filed by U.S. employers on behalf of foreign workers seeking permanent residency.
Processing Times at the Santa Ana Field Office
For I-140 petitions, processing times vary based on the employment preference category:
- EB-1 (priority workers): 8 to 12 months.
- EB-2 (advanced degree or exceptional ability): 10 to 15 months.
- EB-3 (skilled workers, professionals, and other workers): 12 to 18 months.
- It is important to note that these employment-based categories are eligible for premium processing, however, the I-485 is not eligible for premium processing.
Tips:
- Consider premium processing: Employers can opt for premium processing, which expedites the processing time to 15 calendar days. More information can be found on the USCIS premium processing page here.
- Track your I-140: Similar to other forms, you can check the status of your I-140 application using the case status tool here.
3. I-730: Refugee/Asylee Relative Petition
The I-730 is filed by refugees or asylees to petition for their qualifying relatives to join them in the U.S.
Processing Times at the Santa Ana Field Office:
The processing time for an I-730 can take 18 to 24 months. Because these petitions are for relatives of refugees or asylees, the process may be longer than other family-based petitions.
Tips:
- Submit complete documentation: Ensure that you provide proof of refugee/asylee status and evidence of your relationship to the beneficiary.
- Monitor case status: As with other forms, you can check the progress of your I-730 here.
- It is important to note that if your relative is in the US, you must file the I-730 first, and only once it is approved, can you file for adjustment of status (I-485).
4. I-485: Application to Register Permanent Residence or Adjust Status
The I-485 is the form used by individuals who are already in the United States and wish to adjust their status to that of a lawful permanent resident (green card holder).
Processing Times at the Santa Ana Field Office:
The processing time for an I-485 varies depending on the category of adjustment:
- Family-based applications: 12 to 18 months.
- Employment-based applications: 8 to 14 months.
- Refugee/asylee adjustment of status: 12 to 24 months.
- Premium processing is not available for I-485 applications.
Tips:
- Use concurrent filing if applicable. If eligible, you can file your I-130 or I-140 along with the I-485 to reduce wait times.
- Check your priority date. If you are adjusting status based on an employment petition, check the current visa bulletin to see if your priority date is current.
- Keep track of processing time estimates. USCIS provides a tool to check processing times based on your form and the field office. You can access it here. Have your receipt handy, because while the application me finally be adjudicated in Santa Ana, it may currently be at a different USCIS Service Center.
5. I-751: Petition to Remove Conditions on Residence
The I-751 is filed by conditional permanent residents (those who obtained a green card through marriage) to remove the conditions on their residency after two years.
Processing Times at Santa Ana Field Office:
- 18 to 48 months.
It is important to note that many I-751 applicant will be interviewed, but some I-751 applicants have their interview waived. Depending on whether your case will be interviewed plays a significant factor in how long your I-751 will take to process.
It is also important to note that your green card is automatically extended while your application to remove conditions is processing. For more information, review the I-751 receipt you received at the time of filing which explains how many months your green card has been extended.
6. N-400: Application for Naturalization
The N-400 is filed by lawful permanent residents (green card holders) who are eligible to apply for U.S. citizenship.
Processing Times at Santa Ana Field Office:
- 6 to 16 months.
It is important to note that some cases go into prolonged background checks after their naturalization interview. If you are waiting more than 120 days after you have been interviewed by USCIS, consider a mandamus action against USCIS to compel action.
7. N-600: Application for Certificate of Citizenship
The N-600 is used by individuals who are already U.S. citizens by birth or acquisition but need a Certificate of Citizenship as proof.
Processing Times at Santa Ana Field Office:
- 9 to 14 months.
Requesting an Expedited Case
In some cases, you may request USCIS to expedite your application if there is an urgent need. According to USCIS guidelines, you may request an expedited process if:
- There is severe financial loss to the company or person;
- Emergency or urgent humanitarian reasons exist;
- The request is in furtherance of U.S. government interests;
- There is clear USCIS error.
How to Request an Expedite:
- Call the USCIS Contact Center at 1-800-375-5283.
- Submit a written request to the field office processing your case.
- Provide documentary evidence supporting your expedite request.
More detailed guidance on expediting a case is available on the USCIS website.
Mandamus Action: What to Do If Your Case Is Delayed
If your case has been delayed for an extended period beyond the typical processing times, and you've exhausted other options, you may consider filing a writ of mandamus. This is a lawsuit filed in federal court asking a judge to order USCIS to make a decision on your case.
When to Consider a Mandamus Action:
- Your case has been pending well beyond normal processing times.
- You've contacted USCIS multiple times without resolution.
- You’ve tried to expedite the case or filed service requests without success.
Before proceeding with a mandamus action, it's essential to consult with an immigration attorney who can assess your case and guide you through the process. While mandamus suits can force action, they do not guarantee a favorable decision. Our office has handled countless mandamus actions with success.
Final Thoughts
Navigating the immigration process can be complex, but having a clear understanding of processing times can help you stay informed and plan accordingly. The Santa Ana Field Office handles a wide range of immigration applications, and processing times are subject to change. Always check the USCIS website for the latest updates.