NSC Continues Processing I-485s Subject to Retrogression
Posted Apr 21, 2006
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The Nebraska Service Center (NSC) announced on April 12, 2006 that it will conduct routine processing of I-485 (Adjustment of Status) cases, even in cases for which the visa numbers are not available. This is known as "preadjudication." This program does not mean that cases without current visa numbers will be approved. The rules remain unchanged with respect to the need for an available visa number in order to file or obtain the approval of an I-485. This is a continuation of backlog reduction efforts on the part of the NSC. They are simply reviewing and doing as much as possible to process the cases that were filed prior to retrogression, so that they will be ready once the visa numbers are available.
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RFEs / Fingerprints Continue - Even with Retrogression
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As part of the review process, the USCIS may issue a Request for Evidence (RFE). This must be treated like any other RFE, with strict adherence to the deadline for a response. A case can be denied if the RFE response is not filed in a timely fashion or if the response does not establish that the applicant is eligible for adjustment of status. The fact that visa numbers are not available does not prevent final action in the form of a denial.
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The same principle applies to the need for fingerprinting, if an applicant receives an appointment notice. The security checks on cases are being maintained, and timely appearance for any fingerprinting is a requirement.
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Wait Before Contacting USCIS Once Priority Date is Current
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It is still necessary to follow the priority date times each month in the U.S. Department of State Visa Bulletin to know whether a visa number is available for a particular case. [The most recent Visa Bulletin processing times are always available on MurthyDotCom.] The USCIS asks that people refrain from making inquiries into cases for which the visa numbers have only become available within the past 90 days.
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Goal to Complete I-485 Processing in Timely Manner
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The purpose of this procedure is to get I-485 applications ready for approval, so that they can move forward more quickly once a visa number becomes available. The receipt of an RFE or fingerprinting notice under this preadjudication initiative does not necessarily mean that a particular case is close to being eligible for approval. It simply means that as much as possible is being done in advance of the visa number becoming available.