Are you currently dealing with the frustrating situation of having your I-765 application approved but your I-131 petition still pending? You're not alone. Many individuals navigating the complex world of immigration face similar challenges. In this article, we'll delve into the reasons behind this delay, explore the implications, and provide you with a step-by-step guide on how to handle this situation.
Understanding the I-765 and I-131 Applications
Before we dive into the solution, it's essential to understand what these applications entail. The I-765, also known as the Application for Employment Authorization, is a document that allows certain individuals to work in the United States. On the other hand, the I-131, or Application for Travel Document, is a petition that enables individuals to travel outside the United States and return without abandoning their immigration status.
Why is My I-131 Petition Pending?
There are several reasons why your I-131 petition might be pending despite your I-765 application being approved. Some of the common reasons include:
- Backlog: The United States Citizenship and Immigration Services (USCIS) often experiences a backlog in processing applications, leading to delays.
- Additional Evidence: The USCIS might require additional evidence to support your I-131 petition, causing a delay in processing.
- Security Checks: The USCIS conducts thorough security checks on applicants, which can take time.
5 Steps to Handle I-765 Approved But I-131 Pending
Here are five steps you can take to handle this situation:
Step 1: Check Your Application Status
- Track Your Application: Use the USCIS online tool to track the status of your I-131 petition.
- Contact the USCIS: Reach out to the USCIS National Customer Service Center to inquire about the status of your petition.
Step 2: Review Your Application
- Verify Information: Double-check your application for any errors or omissions that might be causing the delay.
- Gather Additional Evidence: If necessary, gather additional evidence to support your I-131 petition.
Step 3: Submit a Service Request
- Contact the USCIS: Reach out to the USCIS to submit a service request, which can help expedite the processing of your I-131 petition.
Step 4: Consider Filing a Form I-290B
- File a Motion: If you believe your I-131 petition was denied in error, you can file a Form I-290B, Notice of Appeal or Motion, to request a review of your case.
Step 5: Seek Professional Help
- Consult an Immigration Attorney: If you're unsure about how to proceed, consider consulting an immigration attorney who can provide guidance and support.
Gallery of Handling I-765 Approved But I-131 Pending
FAQs
What is the typical processing time for an I-131 petition?
+The processing time for an I-131 petition can vary depending on the workload of the USCIS. However, it typically takes several months to a year or more for the petition to be processed.
Can I travel outside the United States while my I-131 petition is pending?
+No, it's not recommended to travel outside the United States while your I-131 petition is pending. If you do, you may be considered to have abandoned your immigration status, which can lead to serious consequences.
What are the consequences of having my I-131 petition denied?
+If your I-131 petition is denied, you may not be able to travel outside the United States and return without abandoning your immigration status. You may also be required to leave the United States immediately.
Final Thoughts
Having your I-765 application approved but your I-131 petition pending can be a frustrating and stressful experience. However, by following the steps outlined in this article, you can take proactive measures to resolve the issue and achieve your immigration goals.