Recent data released by USCIS revealed that there will be an excess number of green cards available this fiscal year – October 2021 through September 2022. This indicates that more people will be able to file for and receive their permanent residency in the United States much faster. In order to take advantage of these extra green cards, USCIS has introduced a new system that allows certain eligible green card petitioners in the Third Employment Preference category to adjudicate their I-485 under a different preference category.  This process of interfiling can expedite their green card process.

What Is Interfiling? And How Does It Work?

Interfiling is the process of asking USCIS to adjudicate the I-485 under a different preference category. Recent visa bulletins have indicated that the green card priority date for many EB-3 petitioners are current. Per the USCIS policy manual, these candidates may opt to have their I-485 considered under a different category like EB-1 or EB-2. By asking USCIS to adjudicate the I-485 under EB-1 or EB-2 is called interfiling.

To utilize these excess visa numbers before the fiscal year ends in September 2022, USCIS is encouraging applicants who have pending Employment-Based Adjustment of Status application under the Third Employment Preference category (EB-3) and also have Second Preference Category (EB-2) I-140, Immigrant Petition for Alien Worker approvals to appeal for an expedited green card by interfiling.

This would mean shorter wait times and faster green card.

Benefits Of Interfiling

• Interfiling has many benefits for the EB-3 green card petitioner.
• Save time and money by not having to complete another AOS application;
• Decrease the number of AOS applications USCIS has to process;
• USCIS will now focus on processing the cases that are currently pending;
• Separate office dedicated to process interfiling until September 2022. 
• Receipt notices for the I-485 Supplement J will allow applicants to track the transfer.

Refiling vs Interfiling

Do not confuse refiling with interfiling. Refiling I-485 means that you file a new I-485 application using your EB-2 I-140 while your previous I-485 (with EB-3) is currently pending. This is an official process executed only by USCIS. This option is always available to petitioners. You should consult a legal immigration lawyer to follow process and find out if you are eligible for refiling.

Process: How To Interfile To Get Your Green Card Faster? 

By applying for interfiling, you alert USCIS that you have a current priority date under EB-2 and ready to get the green card. You can apply to interfile yourself. However, it is advisable to have legal representation to bring value-add to your case.

Eligibility To Interfile

• You should be current in Table A on the visa bulletin
• If you have an approved I-140, you can apply for an I-485 J supplement, and a receipt notice from USCIS will expedite the green card
• If you have an approved I-485 and you file for interfiling, you may not receive a notice.

How Soon Can You Get A US Green Card By Interfiling?

With an approved I-140 and a I-485 J supplement, USCIS can expedite your green card in 1-2 months.

When interfiling with an approved I-485, you can hope to get your green card within 3-4 months.

Required Documents For Inter-Filing

As long as you have a current priority date listed in table A of the visa bulletin, you can mail the following documents to USCIS to indicate that you are eligible to get the green card, on the basis of inter-filing – 

• Copy of I-140
• Copy of I-140 receipt notices
• Copy of I-485
• Copy of I-485 receipt notices
• Any other pending receipt notices

Address To Mail Interfiling Requests

The interfiling request needs to be mailed to a new office especially created for such requests through September 30, 2022. These can be sent to:

U. S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350

Things to remember

• To be eligible for interfiling, you should be current in Table A on the visa bulletin
• EB-1 doesn’t have Premium Processing
• EB-2 and EB-3 is eligible for premium processing
• There is NO filing fee
• No attorney fees
• No need to repeat the medical tests
  USCIS recommends not to file a duplicate interfiling request if you have already filed one.
  NO new I-485 application required
• Send your request with I-485 Supplement J, if eligible
  You won’t get a receipt notice if just sending an approved I-140.
• You will get a receipt number for ​approved I-485 Supplement J. You can track your case with this.
  

Speak with an immigration lawyer today to find out if you are eligible for an expedited green card through interfiling.