Asked in Immigration Law and Appeals / Appellate 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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A: The time it takes for USCIS to issue a new decision on an I-140 case after it has been remanded from the Administrative Appeals Office (AAO) can vary significantly and is often unpredictable. There is no set timeline for USCIS to act on remanded cases, and the processing time can depend on several factors, including the complexity of your case, the current workload of the USCIS office handling your case, and the specific issues that led to the remand.

Typically, USCIS aims to process cases as efficiently as possible. However, due to a backlog of cases and varying processing times at different USCIS offices, it can sometimes take several months to over a year for a new decision to be made on a remanded case.

It's advisable to monitor the status of your case regularly. You can do this through the USCIS online case status tool or by contacting the USCIS Contact Center. Additionally, staying in touch with your attorney can help you stay informed about any updates or necessary actions regarding your case.

Remember, each case is unique, and the processing time can vary widely. While waiting, ensure that all your documentation is up to date and that you're prepared to respond promptly to any requests for additional information from USCIS. This proactive approach can help in avoiding further delays once your case is reviewed.

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