Q: I am a US citizen, how long would it take to get a green card for my wife who has over stayed her visa?
We are planning to move to Chicago and needed to know how long it would take to process her green card from there.
A: A US citizen can sponsor his foreign national spouse despite that she overstayed her visa and provided no grounds of inadmissibility otherwise exist (ie crimes, etc). The current processing time is taking at least one year from the time of filing and most likely a wee bit longer due to the covid crisis. Hope that helps.
A: The USCIS provides a processing time range at www.uscis.gov, but processing can take longer. Sometimes, more evidence is requested by USCIS or the application and petitions are denied before an interview is even scheduled. It is always wise to have matters reasonably reviewed before filing. It is unclear whether disqualification other than criminal background may exist.
The current processing range for Chicago, Illinois is 7 to 29 months. That means that you cannot complain to USCIS until 29 months have elapsed and/or you've already had an interview. How to complain about the delay can vary depending upon the knowledge of which resources to seek within the USCIS. Also, whether those resources have enough staff to look into the matter or must delay action given the adjudicator's or official's case load.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complication. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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