TSC Updates : February 2006
Posted Feb 17, 2006
©MurthyDotCom
Following are highlights of the recent meeting between the Texas Service Center and the American Immigration Lawyers Association (AILA) that may be of particular interest to MurthyDotCom and MurthyBulletin readers.
©MurthyDotCom
RFE Mishaps
©MurthyDotCom
Some AILA members reported that they have responded to Requests for Evidence (RFEs) for their clients, but these cases have been denied due to lack of response to the RFEs. This is an indication that the timely response in some cases is not being noted in the file at TSC. The TSC is looking into this matter, but has reminded those responding to RFEs that the goldenrod cover sheet for RFEs should be on top of any RFE response.
©MurthyDotCom
PWD Requests
©MurthyDotCom
Some AILA members report having received RFEs on I-140 petitions requesting copies of the official Prevailing Wage Determinations (PWDs). This is unusual, since these are supposed to be handled at the PERM labor certification stage. The TSC confirmed that, while this is not routine, they may ask for PWDs in some cases. Petitioners should comply with this request, or the case may be denied.
©MurthyDotCom
I-765s and I-131s
©MurthyDotCom
If an I-485 application is transferred to the district office from the TSC, the I-765s for employment authorization documents and I-131 applications for advance parole should still be filed with the TSC.
©MurthyDotCom
Transferred I-130 Petitions
©MurthyDotCom
Some I-130 petitions for family-based cases are being transferred to the California Service Center (CSC). If an address needs to be changed once a transfer notice from the CSC has been issued, the change of address notice should be sent to the CSC rather than the TSC. This change of address procedure should not be confused with the separate federal law requirement to file Form AR-11 with the USCIS within 10 days of any move.
©MurthyDotCom
Premium Fee Refund if Delay in Processing I-129 Petition
©MurthyDotCom
If an I-129 petition that is undergoing Premium Processing is sent for "intensive review," the USCIS will issue a refund for the Premium Processing fee if the review is not completed in the guaranteed 15-day period. The refund will be made once there is a final decision on the case. Intensive review means that there are security concerns to be resolved at the headquarters level.
©MurthyDotCom
Schedule A Cases
©MurthyDotCom
The TSC recommends writing "Schedule A Group I" or "Schedule A Group II" on the top of I-485 applications in red ink when the I-485 applications are filed based on one of the Schedule A categories. This will help the TSC to identify these cases more quickly and not mistakenly hold them or incorrectly reject them, believing that the cases are subject to retrogression. This is particularly important for dependant family members, especially if the cases are not filed together. The TSC does a periodic sweep to catch such errors.
©MurthyDotCom
I-140 Petitions Subject to Security Checks
©MurthyDotCom
Even though the I-140 immigrant petitions for foreign workers do not confer legal immigration status, the TSC confirmed that these applicants are also subject to certain security checks. Therefore, it is possible that the processing of an I-140 petition will be delayed beyond normal processing times due to security checks.
©MurthyDotCom
Unauthorized Employment Counts as Work Experience
©MurthyDotCom
The TSC confirmed that they still recognize work experience gained from employment that was not authorized. Further, they have indicated that one may count this towards the experience required for an employment-based green card case. This applies in I-140 petition cases where the underlying labor certification requires a certain period of experience in the job offered or a related job. This does not overcome the procedural problems and ineligibilities for adjustment of status to permanent residence that may result at the I-485 stage from having worked without authorization for more than 180 days since the date of last entry. If such an issue exists, the case should be discussed with a knowledgeable, experienced immigration lawyer.
©MurthyDotCom
Improper Adjudications of I-751s Require New Filings
©MurthyDotCom
Periodically, a couple who is still married files an I-751 application to remove conditions on permanent resident status, only to divorce before the I-751 is approved. In these cases, the I-751 should be withdrawn once the divorce is finalized. If the I-751 is approved after the divorce, the TSC indicated that a new I-751 needs to be filed by the newly single conditional permanent resident with an explanation that the initial I-751 was approved in error.
©MurthyDotCom
Conclusion
©MurthyDotCom
We at the Murthy Law Firm thank the TSC for these helpful updates and for their promise to investigate and correct ongoing problem areas in adjudications.