The Administrative Appeals Office (AAO) has released its AAO processing times report for February of 2016 [link]. The AAO is the highest administrative review agency for immigration matters under the authority of the Department of Homeland Security (DHS). Petitioners and applicants for certain immigration benefits may appeal a negative or adverse decision to the AAO.
The office that first issued the unfavorable decision will conduct an “initial field review” of the appeal. This initial field review should be completed within 45 days. If it does not render a favorable decision, it will forward the appeal to the AAO. The AAO processing times news release explains that appellants may contact the USCIS to “inquire about a case if, within 75 days of filing an appeal, USCIS has not sent any of the following:”
An approval notice;
A request for evidence;
A Notice of Transfer to the AAO;
Any other correspondence or action from the field office.
However, the AAO will not be able to provide case status information on appeals where the initial field review is pending.
The following are the AAO processing times as of February 1, 2016:
| Form Number | Case Type | Time |
|---|---|---|
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 6 months or less |
| I-129F | Petition for Fiancée | 7 months |
| I-129 H1B | Nonimmigrant Specialty Occupation Worker | 6 months or less |
| I-129 H2 | Temporary Nonimmigrant Worker | 6 months or less |
| I-129 H3 | Temporary Nonimmigrant Trainee | 6 months or less |
| I-129 L | Nonimmigrant Intracompany Transferee | 6 months or less |
| I-129 O | Nonimmigrant Extraordinary Ability Worker | 6 months or less |
| I-129 P1, P2, P3 | Athletes, Artists and Entertainers | 6 months or less |
| I-129 Q | Cultural Exchange Worker | 6 months or less |
| I-129 R | Nonimmigrant Religious Worker | 6 months or less |
| I-131 | Application for Travel Document | 6 months or less |
| I-140 EB1 | (A) Alien with Extraordinary Ability | 6 months or less |
| I-140 EB1 | (B) Outstanding Professor or Researcher | 6 months or less |
| I-140 EB1 | (C) Multinational Manager or Executive | 6 months or less |
| I-140 EB2 | (D) Advanced Degree Professional | 6 months or less |
| I-140 EB2 | (I) National Interest Waiver | 6 months or less |
| I-140 EB3 | (E) Skilled or Professional Worker | 6 months or less |
| I-140 EB3 | (G) Other Worker | 6 months or less |
| I-212 | Application to Reapply for Admission | 6 months or less |
| I-352 | Bond Breach | 6 months or less |
| I-360 EB4 | Petition for Religious Worker | 6 months or less |
| I-360 A | Amerasian | 6 months or less |
| I-360 C | Special Immigrant Juvenile | 6 months or less |
| I-360 K | Special Immigrant Afghanistan or Iraq National Translator | 6 months or less |
| I-360 VAWA | Violence Against Women Act Petition | 6 months or less |
| I-360 E | Special Immigrant Canal Zone | 6 months or less |
| I-360 F | Special Immigrant Physician | 6 months or less |
| I-360 H | Special Immigrant Armed Forces Member | 6 months or less |
| I-360 G | Special Immigrant Intl Org. Employee | 6 months or less |
| I-360 L | Special Immigrant Iraq National US Employee | 6 months or less |
| I-360 M | Special Immigrant Other | 6 months or less |
| I-485 LIFE | LIFE Act Adjustment Application | 6 months or less |
| I-485 Dplmt | Section 13 Adjustment Application | 6 months or less |
| I-485 T | T Visa Nonimmigrant Adjustment | 6 months or less |
| I-485 U | U Visa Nonimmigrant Adjustment | 6 months or less |
| I-526 EB5 | Alien Entrepreneur | 6 months or less |
| I-600 | Petition for Orphan | 6 months or less |
| I-601 | Application for Waiver of Inadmissibility | 6 months or less |
| I-612 | Application for 212(e) Waiver | 6 months or less |
| I-687 | Legalization Application for Temporary Residence | 6 months or less |
| I-690 | Legalization/SAW -Waive Grounds of Excludability | 6 months or less |
| I-698 | Legalization Adjustment Application | 6 months or less |
| I-700 | Special Agricultural Worker | 6 months or less |
| I-821 | Temporary Protected Status | 6 months or less |
| I-800 | Convention Adoption as an Immediate Relative | 6 months or less |
| I-905 | Application to Issue Cert for Health Care Workers | 6 months or less |
| I-914 | Application for T Nonimmigrant Status | 6 months or less |
| I-918 | Petition for U Nonimmigrant Status | 6 months or less |
| I-924 | Application for Regional Center | 6 months or less |
| I-929 | Qualifying Family Member of a U Nonimmigrant | 6 months or less |
| N-470 | Application to Preserve Residence | 6 months or less |
| N-565 | Replacement Naturalization/Citizenship Document | 6 months or less |
| N-600 | Certificate of Citizenship | 7 months |
| N-643 | Certificate of Citizenship for Adopted Child | 6 months or less |
With the exception of appeals concerning the Form I-129F or the Form N-600 (7 months), appellants should expect the AAO to render decisions on appeals within 6 months of being forwarded the case.
