Immigration Process

USCIS

3 min read

Definition

United States Citizenship and Immigration Services, the agency processing immigration benefits.

In This Article

What Is USCIS

The U.S. Citizenship and Immigration Services (USCIS) is the federal agency within the Department of Homeland Security responsible for processing immigration applications and benefits. USCIS handles green card applications, naturalization petitions, work permits, asylum claims, and family-based immigration sponsorships. When you submit Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-140 (Immigrant Petition for Alien Worker), or Form I-765 (Application for Employment Authorization), USCIS is the agency evaluating your case.

USCIS Responsibilities and Scope

USCIS operates 77 field offices, 16 asylum offices, and service centers across the country. The agency processes roughly 9 million applications annually and makes decisions on immigration benefits that directly affect your legal status in the United States.

  • Green card processing: USCIS adjudicates employment-based green cards (EB-1 through EB-5), family-sponsored green cards (IR-2, F2A, F2B), and diversity visa lottery cases. They track priority dates and determine when your visa number becomes current based on Department of State visa bulletin updates.
  • Adjustment of status: USCIS evaluates whether you can adjust status to permanent resident within the United States rather than pursuing consular processing abroad. They verify you have an immigrant visa immediately available, no grounds of inadmissibility, and meet health and background requirements.
  • Work and travel authorization: USCIS issues Employment Authorization Documents (EADs) and Advance Parole documents (Form I-131). Processing times range from 7 to 19 months depending on your case type and whether you file with Form I-485.
  • Naturalization: USCIS processes citizenship applications (Form N-400) and conducts interviews testing English proficiency and civics knowledge. You must hold a green card for at least 5 years (or 3 years if married to a U.S. citizen) before applying.
  • Affirmative asylum processing: USCIS asylum offices conduct initial interviews and make determinations on asylum claims. The agency coordinates with DOS (Department of State) on refugee resettlement programs.

Common USCIS Forms and Processing Times

  • Form I-485 (Adjustment of Status): 10.5 to 19.5 months processing time. Must be filed within 1 year of visa availability based on your priority date.
  • Form I-140 (Employment Petition): 4 to 6 months with premium processing available (15 calendar days). Establishes your priority date in employment-based green card category.
  • Form I-765 (Work Authorization): 7 to 19 months when filed with I-485. Can extend existing work authorization while your case is pending.
  • Form N-400 (Naturalization Application): 8 to 12 months from filing to oath ceremony.

How USCIS Works With Other Agencies

USCIS does not operate independently. The Department of State controls visa availability and publishes monthly visa bulletin updates that determine when USCIS can issue green cards. CBP (Customs and Border Protection) processes your entry into the U.S. and reviews your inspection records. USCIS relies on their data to verify admissibility.

Common Questions

  • How do I check my USCIS case status? Use the USCIS Case Status tool on uscis.gov with your receipt number (Form I-797). You can also request a case review if processing times have exceeded posted estimates by 50% or more.
  • What happens if my priority date is not current? You must wait until your priority date becomes current according to the DOS visa bulletin before USCIS can approve your adjustment of status or issue you an immigrant visa number. You cannot process your green card application until this date arrives.
  • Can I appeal a USCIS denial? Yes. You have 33 calendar days from the denial notice to file Form I-290B (Notice of Appeal or Motion). However, certain denials allow only a motion to reopen or reconsider. Review your notice of action carefully to determine which option applies.

DOS (Department of State) coordinates visa availability and consular processing decisions with USCIS. CBP (Customs and Border Protection) shares inspection records and admissibility findings that affect USCIS green card adjudications.

Disclaimer: PetitionKit is a document preparation service, not a law firm. We do not provide legal advice or immigration strategy recommendations. Results may vary. Consult a qualified immigration attorney for complex cases.

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