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ResourcesVisa & Immigration LawUS Immigration LawAren't US Visa Cases Supposed to Process in a Certain Number of Months?

Aren't US Visa Cases Supposed to Process in a Certain Number of Months?

Transcript of the above video:

As the title of this video suggests, we are discussing US Visa cases. I am specifically discussing this in the context from my point of view of K-1, CR-1 and IR-1 visas, as well as possibly K-3. We are talking about Fiancé and Spousal visas coming from Thailand, going to the United States primarily, although it could be viewed in a more general context.

I get this question a lot. People ask me, and I have seen this a lot lately because USCIS sort of has their you know I don't even know what they are calling it what their buzzword is for it but it is basically like their standard processing time and then people get very overwrought when their case falls even a day outside of the standard processing time. Then they will talk to me and I am always happy to talk to clients and explain this but I thought I would do a video.

Especially post COVID right now where we are dealing with this backlog and everything, there is not a real standard processing time. All cases, I hesitate blow this out of proportion, but they are like snowflakes. They are all unique. Each case processes in the amount of time that it processes. In a very real sense, there isn't exactly a standard processing time. It is going to vary. Now they do tend to process within a certain timing range and it does depend on the type of case and it may depend on the country in which the case is going to process through interview. So here in Thailand we always have a pretty good idea of the approximate time frames. But folks, especially right now, and I understand the frustration, the last Administration made a lot of changes that in my opinion were frankly intentionally designed to make Immigration more difficult. They were doing that through things like delays in processing or in my opinion rather pro forma to the point of sometimes really frivolous requests for evidence and things. At the same time, they do have a backlog. COVID or I should say the response to COVID created a massive backlog. They also had taken it upon themselves to change the way that they process cases in the sense that I am sure internally they have certain social distancing practices that they are taking into account and things. It is all having an impact so when I when I get people that contact us and they say, "I thought this case was supposed to take X number of months?" Yeah, in theory but it may take less. We have seen a couple of cases oddly that we put through, especially in the CR-1 and IR-1 categories that I mean they hit USCIS, it was like we had the approval notice really quickly. Then we have got other cases that are sitting around. We are monitoring them but there isn't much to do other than wait for USCIS to do their thing. 

So again, it is going to vary from case to case. There are sort of estimated time frames but folks should not view any time frame, even those issued by the Government as being dispositive as to exactly how it should work in every case.