Inquiries To Expedite Cases & Safe Third Country Processing
Is there an urgent reason you cannot wait in your home country for your case to be processed?
Do you need to come to the U.S. to care for your ill spouse?
Are you living in a country where it is illegal to be LGBT and you are afraid an interview exposes you and your partner?
Individuals may experience long and frustrating delays while their case is being processed in the U.S. and by the consulate abroad. Cases can be expedited at both the USCIS and the Department of State (consular) level in compelling circumstances. Reasons that a request may warrant expedited processing might include military deployment, age-out cases not covered under the provisions of the Child Status Protection Act (CSPA), critical medical conditions by a family member in the U.S. or severe loss of income that results from the delay. But expediting your case can come with the risk that if your expedite request is not granted, you may have to file your case through traditional means and you will have lost all of the time while your expedite request was pending as your case is placed at the bottom of the pile. Immigration cases are handled first in, first out. It is crucial if you are considering an expedite request at any stage in your immigration case to consult with a competent immigration attorney to determine whether you not only have the compelling reasons for an expedite grant but also have the evidence to back it up. Expedite requests are not granted often because there are many people already waiting in line who have compelling reasons why they need to be with their spouses, their parents, or family and to put someone else ahead of those individuals, the government must have strong evidence and even more compelling facts to do so.
Third country processing is another way to potentially expedite a case by taking it out of the jurisdiction of a consulate that is backlogged with a high case load. But you can’t just choose the consulate you want. Consulates are chosen based on where the beneficiary of the visa petition resides. Request for change of consular posts occur when there is a particular concern with attending the visa interview in their home country. Some successful third country processing cases include:
- Business concerns. When an an applicant has a business in another country;
- Public safety concerns. When the applicant fears disclosing his or her sexual orientation in their home country and fears that just walking into the consulate and interviewing in a mostly public room about their gay marriage could be overheard and place them in jeopardy of being attacked or killed once they leave the consulate depending on who was around of the public when they were being interviewed.
- Medical concerns. If the beneficiary is undergoing intense cancer treatment in another country and it is risky for her to interrupt her treatment, then the consulate in that country may be willing to accept her case.
At whatever stage your case is in, SGG’s attorneys may be able to help you by contacting the agency or consulate on your behalf and argue your need to relocate your interview.
Every person’s situation is different, and putting pressure your case to be processed has risks as well as benefits. Contact us directly for help in determining whether you should try to expedite your case or try and have your case processed in a third country.