TSC Liaison Update
Posted Jul 08, 2005
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In June 2005, the minutes were released from a Texas Service Center (TSC) and American Immigration Lawyers Association (AILA) liaison meeting that was held in December 2004. Generally, before such minutes can be released, the TSC must review them. In some instances, the review creates a delay. Even when the minutes come out months later, there is often important information that remains accurate and worth sharing with our MurthyDotCom and MurthyBulletin readers.
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Nurse Applications without a Visa Screen Certificate
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AILA asked whether the TSC would consider extending a Request for Evidence (RFE) due date if a nurse is requested to produce a Visa Screen Certificate which s/he has not yet been able to obtain. The TSC replied that they historically granted extensions, as it took 3 years to put a procedure in place from the passage of the law requiring Visa Screen Certificates to the issuance of the procedure. Now that the process is established, the TSC expects an explanation as to why the I-485 has been filed without the Visa Screen Certificate, if it is not included with the I-485 initial application.
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The TSC agreed that an RFE, rather than a Notice of Intent to Deny (NOID), was the appropriate method for an adjudicator to ask for the Visa Screen Certificate. Further, TSC permits the adjudicators to use their discretion to grant extensions of time in some cases. Whenever an adjudicator has discretion, however, s/he may choose not to grant extensions of time. Therefore, when possible, it is best to include the Visa Screen Certificate with the I-485 application at the time of filing. This avoids the risk that there will be an unanswerable RFE if an applicant is unable to obtain the Visa Screen Certificate for a timely response.
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Family-Based Priority Dates
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In some limited family-based cases it is possible to preserve a priority date from a previously-filed case. Attorneys have reported to AILA that they have been unable to get these earlier priority dates assigned to appropriate new family-based cases, despite submitting the supporting evidence to the USCIS. It is particularly important to ensure that the correct priority date is assigned to the case, as the USCIS adopted a policy that they do not process I-130 petitions unless the priority date is current. Moreover, no immigration benefits are available based on the particular I-130 filing until the priority date is current. AILA asked the TSC what might be done to successfully have the correct priority date assigned to a family-based case.
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The TSC stated that the contractors are not trained to determine whether the arguments contained in the mail they receive are correct. Since it is often considered unsolicited correspondence, it appears that the documents may simply be put into the file without being directed to an adjudicator who is qualified to make the decision. The TSC recommended that attorneys contact AILA liaisons for assistance in having the priority dates updated. Attorneys can generally only contact AILA liaisons if they are members of AILA.
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Separated Family Members
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In some cases, one dependent family member's I-485 application becomes separated from the rest of the family when I-485 applications are processed. This results in all family members obtaining the green card at the same time - except one. The National Customer Service Center (NCSC) will not submit an inquiry on such a case unless the reported processing time has passed. The TSC indicated that it would accept AILA liaison requests on such a case. We note that a delay in one case can occur if the security check for a derivative family member is slower than for the rest of the family. In that case, the primary applicant and the other family members may be approved, leaving one person still waiting for an approval.