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.
A:
As long as it wants. It may make another decision depending upon how the decision is worded, which may require another appeal. Your only option, if an unacceptable delay takes place, is to file a writ of mandamus in Federal Court to demand a decision.
Yet, there may be other options, so before anything is done, discuss the matter with your attorney. If you don’t have an immigration attorney, then you ought to find one who you will trust to provide you with an appropriate response.
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A:
When the Administrative Appeals Office (AAO) remands an I-140 case back to USCIS, the timeframe for USCIS to issue a new decision can vary. Generally, USCIS aims to process these remanded decisions within 6 months, but this is not a guaranteed timeframe. Factors such as the complexity of the case, the volume of cases being handled by the USCIS, and other administrative concerns can influence this duration.
It's essential to monitor your client's case status through the USCIS website or contact the service center handling the case for updates. Regular follow-ups and ensuring that all requested documents are promptly provided can facilitate a timely decision.
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