MurthyBulletin
VOL. XIV, no. 08; February 2008, week 4
Posted : February 22, 2008
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"We know your immigration matters!" SM
The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm. Full Disclaimer available.
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TOPICS in this Edition of the MurthyBulletin :
1. Adjustment Cases Delayed by Name Checks - February 2008
2. USCIS Expects Significant Processing Delays for Citizenship Applications
3. TSC PLUS Pilot of I-140 and I-485 Concurrent Filings
4. Reminder : Murthy Teleconference Series - Wednesday, March 05, 2008
Topic : Business Immigration - Looking Back and Bracing for the Future!
5. MurthyDotCom : Did You Know about Our Travel Page?
6. Important Processing Times and Dates
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Engaging the Murthy Law Firm : Our office can conveniently and efficiently represent clients located anywhere in the United States or abroad on U.S. immigration matters.
Consultations with attorneys at the Murthy Law Firm : You may contact our office to schedule a one-time paid consultation with no further obligation. A scheduled consultation with an attorney at the Murthy Law Firm provides you with details and recommendations based on the specific facts of your case. This will help you with making the right decisions based on the legal options and strategies available.
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1. Adjustment Cases Delayed by Name Checks - February 2008
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There was a stir created in the immigration community, resulting from the revised procedures for security checks, as reported February 7, 2008 in our NewsFlash, Faster Security Clearances for I-485s and Other Applications. Many of those individuals with cases that have been delayed, sometimes for years, due to lack of name check clearances, have sought action in their cases based upon the February 4, 2008 Michael Aytes memo. The U.S. Citizenship and Immigration Services (USCIS) has announced steps that are being taken to identify eligible cases, essentially asking everyone for patience as these cases are processed over the course of the next several months.
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Remedy Available under the February 2008 Aytes Memo
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As background, the new procedures allow for approval of pending I-485, Application for Adjustment of Status ("green card"), cases even without the FBI response to the "name check" portion of the series of background checks that are required in I-485 cases. The name check is requested in all cases, and the USCIS must wait 180 days for the results. If there is no response after 180 days, and the case is otherwise approvable, then the USCIS must approve the case. This is a significant change from the prior procedure that required the USCIS to wait, no matter how long it took, for a response from the FBI.
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USCIS Requests Patience until April 30, 2008
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As is understandable, many requests for action, on a "me first" basis, have reached the USCIS. In response, the USCIS has confirmed that sweeps are being conducted to identify all eligible I-485 cases, and has asked for time to do so. They request that inquiries into eligible cases wait until after April 30, 2008.
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Ongoing Service Center Sweeps
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The USCIS is conducting the sweeps at the service centers. This essentially means that they systematically search their records for eligible cases. Since many of these cases have been reviewed and otherwise processed, they, hopefully, will be approved once identified. Of course, some may need to submit updated information, such as employment letters or fingerprints. Some Requests for Evidence (RFEs) may also result from the sweeps.
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What Exactly Does this Mean for a Long Pending Security Delayed I-485?
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It is less clear what is occurring with pending cases at the local offices. Further information may be forthcoming. For the time being, as explained above, the USCIS has asked attorneys and applicants to wait, presumably until March 30, 2008, before submitting further requests for action based upon the new policy. They anticipate identifying and taking action on cases by that date. It is unclear if "taking action" means issuing final approvals, as, given the volume of cases, this would seem to be a significant task. Of course, as evidenced last summer, the USCIS has the ability to move great numbers of I-485 cases quickly when it is a priority.
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It should be noted that it appears as though congressional offices have received a great number of requests for action based upon the new policy, as well. It seems that those requests also will have to wait for the results of the USCIS sweeps.
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Conclusion
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Given the ongoing delays in case processing, many people continue to file writs of mandamus against the FBI and the USCIS. They can now include the recent Aytes memo as part of their arguments in efforts to expedite their cases. In instances where priority dates are not current, individuals must continue to wait. While this memo is beneficial to many employment-based applicants in the long run, it cannot assist with problems created by the lack of available visa numbers.
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2. USCIS Expects Significant Processing Delays for Citizenship Applications
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Emilio Gonzalez, the USCIS Director, has warned prospective U.S. citizens "not to get their hopes up" regarding any improvement in the waiting times for naturalization to U.S. citizenship. The problem is the result of an enormous influx of various petitions and applications, including citizenship applications, filed prior to the filing fee increase that became effective July 30, 2007. The USCIS has reported that, in July and August of 2007, the agency received about 2.5 million total applications and petitions. This is double the typical number for a two-month period. The number of citizenship applications in fiscal year (FY) 2007, 1.4 million, is more than the USCIS received in the years 2005 and 2006 combined.
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Filing Fee Increase Causes Caseload to Double
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The filing fee, including the biometric fee component, for the N-400, Application for Naturalization, increased from $400 to $675 per filing on July 30, 2007. Following the announcement of the fee increase, many eligible U.S. permanent residents filed while they could with the old fees. The N-400 filings for FY2007 (October 2006 to September 2007) reached a level of 1.4 million. This is almost double the filings for FY2006.
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Waiting Times Up to Three Times Longer than Last Year
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The USCIS is now estimating that cases filed after July 30, 2007 may take up to three times longer to process than was typical during the previous year. This means that waiting times, which were averaging around seven months, are sixteen to eighteen months in some locations. The irony is that the USCIS justified the fee increase by promising the result would be faster and better service.
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Conclusion
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These delays, while frustrating, should not deter otherwise eligible applicants from filing for naturalization. It will simply require more patience. Of course, it is possible that the N-400s will become the focus of a backlog reduction effort in the future. This problem is compounded by the additional glut of I-485 (Application for Adjustment of Status) filings, and related applications and petitions, filed during the hectic summer of 2007, referred to by some as "VisaGate." Thus, the USCIS underestimated the number of cases that would be filed during the summer of 2007, the effects of which will be felt into the foreseeable future.
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3. TSC PLUS Pilot of I-140 and I-485 Concurrent Filings
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The Texas Service Center (TSC) has started a new system for reviewing and adjudicating concurrently filed adjustment of status cases. These include concurrent filings of: I-140 (employer petition for foreign national worker) with the I-485 (application to adjust status to permanent residence) accompanied by the I-765 (application for the employment authorization document, or EAD) and I-131 (application for advance parole, or AP). The new system, announced in mid February 2008, is called PLUS Pilot. Essentially, rather than processing each application / petition in a packet separately, the entire packet is reviewed by one officer. This is intended to reduce duplication of effort and other inefficiencies.
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Prior System : Each Application / Petition Separated
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Until the PLUS Pilot program, each application or petition in a concurrently-filed packet was separated and sent to a different officer for action. Under the PLUS Pilot program, the whole group of filings will remain with one officer, in an effort toward efficiency and cost savings.
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RFEs May Include Multiple Filings
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As a result of this program, there may be some Requests for Evidence (RFEs) that address multiple applications filed as part of the same packet. That is, normally, RFEs were issued with questions pertaining to only one specific pending application or petition. With the new program, for example, an RFE could be issued with questions pertaining to both the I-485 and the I-765.
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Conclusion
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Every procedure has pros and cons. Presumably, the forms were previously separated and sent to officers specializing in particular areas of adjudication. Of course, as mentioned, this can lead to duplicated effort and wasted time and resources. The volume of filings in the summer of 2007 necessitates improved efficiency, if the USCIS is going to process cases within a reasonable timeframe. This new system of case review does not change the fact that I-485s cannot be approved unless there is an available visa number. Additionally, it is not clear if the RFEs will be issued to include issues with both I-140 and I-485, since the I-140 petition is filed by the employer, while the I-485 application is filed by the foreign national.
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4. Reminder : Murthy Teleconference Series - Wednesday, Mar 05, 2008
Topic : Business Immigration - Looking Back and Bracing for the Future!
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This teleconference series is dedicated to U.S. employers for the benefit of their foreign national employees. Our upcoming teleconference will review the recent past and provide some perspective on the future in business immigration law. Last year's changes have taken corporations, as well as employees and their families, on a roller coaster ride of confusion and emotion. It is our goal at the Murthy Law Firm to offer some recommendations and clear-headed perspective to employers for the coming year.
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Among the matters to be addressed in this teleconference are: the H1B cap and dire lack of adequate numbers; VisaGate, or employment-based priority dates becoming available to many permanent resident seekers, and then to everyone, and back and forth during the summer of 2007; the misnamed substitution regulation, who can pay, labor certification expiration dates, and more. Details will be sent prior to March 5th to employers and their agents who are on our mailing list. Information for joining this list is at http://www.murthy.com/teleconference.html.
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Please feel free to share this announcement with your employer. We plan to begin a teleconference series for the broader immigrant community in the near future.
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Employers can find more information at : http://www.murthy.com/teleconference.html.
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5. MurthyDotCom : Did You Know about Our Travel Page?
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Immigrants, nonimmigrants, tourists, and students always have questions about when it is safe to travel and what documentation they should carry. With the beginning of holiday travel before us, it is important to be prepared. At MurthyDotCom we provide a Travel Page with links to articles as well as to U.S. consulate and embassy websites. Our articles on this topic range from transit to changes in security measures that may impact our readers as they move about the U.S. or reenter from a trip abroad. Whatever your question regarding travel, find your answers on MurthyDotCom!
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MurthyChat : The next MurthyChat session will be Monday, Feb 25, 2008, 9:00pm Eastern Time (U.S.). While the MurthyChat generally is held on the 1st and 3rd Monday of each month, Attorney Murthy will be traveling and there will be NO CHAT the first Monday in March. Please check the chat page for any necessary changes to the schedule. Meanwhile, search the chat transcripts for answers to your questions.
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MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys.
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MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY!
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6. Important Processing Times and Dates
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Processing Times : For links to processing times for the USCIS Service Centers, district (or local) processing times, the Administrative Appeals Office, Department of State visa bulletin, and Department of Labor dates for the processing of labor certification applications.
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