How long does it take for AAO and USCIS to review something?Document Transcript
How Long Does It Take for AAO and
USCIS to Review Something?
By Joseph P. Whalen (September 23, 2013)
The answer to the above seems to be as long or as little time as it takes.
Sometimes we get a quick update. That would usually be when USCIS and
AAO already had a position and either did not care if there was a different
opinion out there or there was no real controversy and they were just going
through the motions of asking for comments.
Yet other times it seems that USCIS and AAO take as much time as it takes
for folks to forget that they were waiting for an update. Here is a case dead
on the mark:
...…. … … ...….
Appeal of a Denied Form I-140, Immigrant
Petition For Alien Worker
Review Period: August 18 -
October 18, 2011
Number of Comments: 7
Status: USCIS is currently
reviewing the amicus briefs
submitted. USCIS obtained
permission to publish five of
the submitted briefs.
The above entry for “feedback updates” on the “outreach” tab from the
USCIS website is found here. It has been nearly two years and while there
has been a noticeable difference in the AAO’s application of the Kazarian
analysis since just a few months after receiving the briefs as evidenced by
the non-precedent decisions that have been posted relating to this analysis,
they have not gone on record in any policy statement or memo, nor has the
issue been addressed in any national stakeholder engagement. 1 This is
unacceptable, in my view. This is a critical topic, so critical that AAO
actually solicited Amicus Briefs. The least they can do is provide some
That’s my two-cents, for now.
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It is noted that individual USCIS offices (Districts, Field Offices, and Service Centers) all have “local”
engagements, so it is unclear if this topic has been addressed at engagements in any of those venues.