Nebraska Service Center : May 2009 Updates on I-485 Processing
Posted May 29, 2009
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The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) recently provided the American Immigration Lawyers Association (AILA) with updates and answers to inquires on a variety of procedural matters. This included some information relating to the Application for Adjustment of Status (I-485) cases pending with NSC. This summary of those issues is for the benefit of MurthyDotCom and MurthyBulletin readers.
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Pre-Adjudicating I-485s - Even when Priority Dates are Not Current

The NSC is reviewing and pre-adjudicating I-485 cases for which the priority dates are not current. The goal is to have the cases reviewed and ready for final decision, once the priority date is current. This process, and the number of such cases, is covered in our MurthyBulletin article, Employment-Based Visa Number Movement and Predictions, available on MurthyDotCom.
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USCIS Can Refresh Fingerprinting Checks Automatically
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The NSC has a new, internal procedure for renewing fingerprint checks, without the need for a new biometric appointment. This procedure applies to about 95 percent of the cases in which initial fingerprinting occurred after January 1, 2006. Thus, even when fingerprinting has expired, it should be possible in most cases to refresh them internally without a new biometrics appointment. There are some cases for which data is missing and new prints will be requested. This is a significant improvement, resulting in a savings of time and money, which should eliminate the need for repeated fingerprinting and related delays.
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RFEs Issued on H1B Employment or Other Status Concerns
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A question was asked about the common Requests for Evidence (RFEs) issued by NSC requesting proof of employment authorization. These are issued in connection with I-485 cases and, normally, request proof of employment authorization following the expiration of the H1B held at the time the I-485 was filed. Since many of these applicants have approved H1B extensions, a question was asked about the USCIS officers' access to this data.
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The NSC explained that the officers have access to this information. However, there are imperfections in the system from a variety of sources and not all records can be tracked without the receipt notices.
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EB Cases for Spouses Need Proof of Bona Fide Marriage When Less than Two Years
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The NSC will check for documentation of bona fide marriage in employment-based filings made by the dependant spouse, if the marriage is less than two years in duration. Thus, a derivative spouse may expect to receive an RFE for proof that the marriage is genuine. This proof typically would include evidence of a joint residence, joint assets / liabilities, and a shared life. The exact proof varies for each couple, and there is no single required document under the law. These cases also may be referred for interview, if sufficient or satisfactory documentation is not provided.
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Conclusion
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We at the Murthy Law Firm appreciate this updated information from the NSC. The changes with respect to fingerprinting represent a significant advancement. MurthyDotCom and MurthyBulletin readers are kept up to date on such matters to help plan their lives and track concerns that are raised by the NSC in adjustment of status cases.