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USCIS does not show how long it takes on its web page, for several reasons. Simple forms like I-765 Work Authorization or I-131 Travel Request are straightforward, so it makes sense for USCIS to expect NBC (National Benefits Center) adjudicators to take 14 minutes or 16 minutes to process one, for example, and to say to the NBC adjudicator staff “You need to grind these out at a rate of 1,000 per day.”
But I-485 is very different.
- For one thing, there’s an initial screening done by contractors to make sure all of the paperwork is complete and all of the accompanying forms are complete. About 30% of the I-485s can’t be adjudicated because applicants have not done this yet. So the contractors have to ask the applicant for the missing paperwork with a Request for Evidence (RFE) which could take up to 88 days to resolve. That time can’t be figured into processing time for all applications because NBC has no control over it.
- Also, applicants are expected to complete biometrics before adjudication is done. Many don’t. Like the above, processing time can’t be computed if applicants haven’t completed something NBC has no control over.
- In addition, all applications have to undergo two different background checks: a check of local law enforcement (LE) records and another check to see if the individual’s name shows up anywhere in FBI records. If the individual’s name shows up in either one, a detailed analysis has to be done to make sure, first, that NBC has the right person, and second, to see if the LE encounter resulted in something that makes the person ineligible for the immigration benefit. Believe it or not, LOTS of people have identical birthdays, the same country of birth, the same country of citizenship, and even parent names so for cases like that, NBC has to run a check of the fingerprints in the Automated Fingerprint Identification System (AFIS). For the FBI Name Check, the problem is the same. USCIS does not want to grant an immigration benefit to someone who doesn’t merit it. By the same token, they don’t want to deny a benefit to someone who deserves it but who simply has a similar name as a dangerous character. And NBC has no control over how fast FBI will resolve Name Check issues. About 10% of applications have to be resolved like this. And sometimes the LE or FBI event leads to the detection of benefit fraud on a large scale that takes months to resolve. Applications like this can’t be counted against processing time. If they were, and if they caused the application processing time for all I-485s to be increased to 9.5 months, for example, people would have the right to go to their Congress person to ask, “I filed 11 months ago. Why is my application taking so long?” (I led the NBC Congressional effort for 8 years so I know). When I got inquiries like this I would have been obligated to respond, “Well, your case is being investigated by the FBI for terrorist connections.” Obviously, we can’t do that. So NBC can't count those in the mix when computing processing time for I-485s.
All of these delays would count against normal processing time if they were included, so USCIS doesn’t include I-485 processing times at all.
But even more, most people don't know that the NBC portion is just part of the process. Applications have to go to the Field Office afterward for the interview. Posting a processing time for I-485s would lead to people thinking that the entire process takes [x] amount of time, when in reality, it would just show the application's time at NBC.
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