Imtiyaz Ansari

Understanding USCIS trends: Why you should avoid filing in December 2024 and January 2025

If you’re planning to file any petitions or applications with USCIS, understanding the current landscape is critical. The period between December 2024 and January 2025 is shaping up to be particularly challenging, with significantly higher rates of Requests for Evidence (RFEs) being issued—even for well-qualified cases. Here’s what you need to know and how you can adjust your strategy to minimize risk.

What’s happening at USCIS?

USCIS is currently operating under what many have described as "hostile adjudication practices." This means that the agency is scrutinizing applications more stringently, and frivolous RFEs are at their highest levels since 2019. These RFEs can delay case adjudication and create unnecessary stress for applicants who may already be navigating complex immigration procedures.

This surge in RFEs is part of a broader trend in USCIS operations, particularly during high-volume filing periods. Such practices tend to increase as the agency tackles backlogs, tightens standards, or prepares for administrative changes.

The statistics you need to know

For well-prepared cases, the likelihood of receiving an RFE during this period is significantly higher than in recent months:

• 30% in December 2024: This is a dramatic spike compared to 7-10% in November and 3% in October 2024.
• 25% in January 2025: While slightly lower than December, the risk remains unacceptably high for many applicants.
• By February 2025, the RFE rates are expected to drop to below 5%, making it a safer time to file.

This sharp increase means that even cases with all the necessary evidence and proper documentation are being flagged unnecessarily.

What does this mean for you?

For those considering filing during this period, this hostile environment poses significant risks. An RFE not only delays processing but can also create uncertainty, particularly for time-sensitive cases. Responding to an RFE can be expensive, time-consuming, and stressful, as it often requires additional documentation and legal intervention.

Should you file during this time?

If your case is not urgent, it’s advisable to postpone filing until February 2025 or later. Here are a few scenarios where delaying your application makes sense:

• H1B grace period cases: If you are not in the H1B 60-day grace period or another time-sensitive immigration status, waiting is strongly recommended.
• Non-life-threatening circumstances: For petitions not related to life-threatening situations, the risks of filing now outweigh the benefits.

However, if you absolutely must file during this period, consider taking extra precautions:

Review your case thoroughly: Ensure your application is error-free and includes all necessary documentation.

Seek legal advice: Work with an experienced immigration attorney who can help you navigate potential RFEs.

Prepare for delays: Mentally and logistically prepare for additional steps, including responding to an RFE if it arises.

- The benefits of waiting

Postponing your filing until February 2025 could save you significant time, money, and stress. As the RFE rates are expected to return to normal levels (below 5%) by then, your chances of a smooth adjudication process will improve. Delaying your application also gives you additional time to refine and strengthen your case.

- Conclusion

The current filing environment with USCIS is one of the most challenging in recent years, and the data makes it clear: December 2024 and January 2025 are high-risk periods for immigration filings. Unless your case is urgent, it’s wise to wait until February 2025 to submit your application.

Immigration is a journey filled with complex decisions, and staying informed about current trends can make a big difference. By planning strategically and understanding the risks, you can navigate this period successfully and avoid unnecessary setbacks.

If you need assistance with your immigration case or have questions about timing, feel free to reach out to a qualified immigration consultant or attorney for tailored advice. Your peace of mind is worth the wait.

Disclaimer : The information provided in this article is solely for academic and marketing purposes and should not be interpreted as legal advice. It is imperative to consult with a qualified immigration attorney or legal professional to obtain accurate and up-to-date legal counsel tailored to your specific circumstances. Laws and regulations are subject to change, and it is crucial to seek professional guidance to ensure compliance with the latest legal requirements.

OpenSphere is a technology company and does not represent itself as a law firm in any capacity. Neither OpenSphere, the author, nor any agents of OpenSphere guarantee the authenticity or real-world applicability of the aforementioned content. Furthermore, they are not liable for any damages incurred as a result of relying on the information provided in this article.