Asked in Appeals / Appellate Law and Immigration Law for Florida

Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

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James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: After a case is remanded from the AAO to the USCIS, the timeframe for USCIS to issue a new decision can vary. Factors affecting this timeframe include the complexity of the case, the volume of cases the USCIS office is handling, and any additional evidence or clarifications needed. For an I-140 case, there isn't a specific set time, but many applicants experience a range of several months to a year or more. It's essential to monitor any communication from USCIS closely. If you feel the delay is excessive, you may want to consider contacting USCIS or seeking congressional assistance. Additionally, retaining legal counsel, if you haven't already, can help navigate any complexities that arise during the reconsideration process.

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