Filing an immigration petition is a major first step in bringing a loved one to the United States or securing your own legal status. Whether you’re sponsoring a family member or applying for employment-based immigration, understanding what happens next is essential. This guide outlines the key stages after you file your petition with U.S. Citizenship and Immigration Services (USCIS), including timelines, notices, and tips for staying on track.
Step 1: Receipt Notice (Form I-797C)
After USCIS receives your petition, you’ll get a Form I-797C, Notice of Action. This is your official receipt and confirmation that your petition has been accepted for processing. It typically arrives within 2 to 4 weeks of filing.
Key info on the receipt notice:
- Receipt Number (used to track your case)
- Receipt Date (marks the official start of your case)
- Service Center handling your case
What you should do:
- Save this document
- Use the receipt number to check your case status online at https://egov.uscis.gov/casestatus/landing.do
Step 2: USCIS Review and Processing Times
Once your petition is in the system, USCIS officers review it for completeness and eligibility. This stage varies depending on:
- The type of petition filed (e.g., I-130, I-140, I-129F)
- Whether it was filed online or by mail
- The current backlog at the assigned Service Center
Estimated timelines (2025):
- Family-based petitions (I-130): 6 to 14 months
- Fiancé visas (I-129F): 6 to 9 months
- Employment-based petitions (I-140): 4 to 8 months
Check current processing times at https://egov.uscis.gov/processing-times/
Step 3: Requests for Evidence (RFE) or Notice of Intent to Deny (NOID)
If USCIS finds missing documents or needs clarification, they may issue:
- RFE: Request for Evidence. Gives you a deadline (usually 87 days) to submit additional info.
- NOID: Notice of Intent to Deny. Means USCIS is planning to deny the petition unless compelling evidence is provided.
Tips:
- Respond quickly and thoroughly
- Use a cover letter and label all attachments
- Consider consulting an immigration attorney
Step 4: Approval or Denial Notice
If your petition is approved, you’ll receive another I-797 Notice of Action with the approval date. This means USCIS has forwarded your case to the National Visa Center (NVC) or allowed you to proceed to the next stage (adjustment of status, consular processing, etc.).
If denied, the notice will explain the reasons and whether you have the right to appeal or file a motion to reopen or reconsider.
Step 5A: National Visa Center (for consular processing)
If your beneficiary is outside the U.S., your approved petition goes to the NVC. The NVC:
- Issues a case number
- Requests additional forms and fees (e.g., DS-260, Affidavit of Support)
- Schedules consular interviews once a visa is available
This process can take 3 to 10 months depending on the visa category and country.
Step 5B: Adjustment of Status (for applicants in the U.S.)
If the beneficiary is in the U.S. and eligible, they can apply to adjust status by filing Form I-485. Steps include:
- Biometrics appointment
- Possible interview
- Final green card decision
Adjustment of status takes 8 to 18 months, depending on the USCIS field office.
Tips for Staying Informed and Avoiding Delays
- Track your case online: Use the receipt number at https://egov.uscis.gov/casestatus/landing.do
- Sign up for case updates: https://egov.uscis.gov/casestatus/notifications.do
- Update your address promptly: File Form AR-11 online if you move
- Keep copies of all documents: This includes petitions, notices, RFEs, and receipts
Common Questions
Q: Can I travel while my petition is pending?
A: It depends. If you’re adjusting status, traveling without Advance Parole may cancel your application.
Q: Will I get a green card right after approval?
A: No. Approval of the petition just allows the next stage (visa application or adjustment of status) to begin.
Q: How do I know if I qualify for premium processing?
A: Only some forms (like I-140, I-129) offer premium processing for an additional fee. Check USCIS’s premium processing eligibility list.
The immigration petition process is complex and often slow, but understanding the steps and timelines can reduce stress and help you plan more effectively. By staying informed and prepared, you can improve your chances of a smooth immigration journey.