TSC Update - Feb to May 2005
Posted Jun 17, 2005
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The Texas Service Center (TSC) of the U.S. Citizenship and Immigration Services (USCIS) had several meetings with representatives of the American Immigration Lawyers Association (AILA) between February and May 2005. The issues discussed in these meetings were shared with AILA members in June 2005. We are pleased to share highlights of these meetings with our MurthyDotCom and MurthyBulletin readers.
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Separated I-485 Applications Among Family Members
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The TSC was questioned regarding the separation of family members' I-485 applications when they are all filed together. There are instances in which the case filed by the primary family member is approved, but the rest of the family has to wait for an extended period.
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The TSC indicated that there are times when the security clearances of all family members do not come in together. In such instances, if it is the primary applicant's case that still needs the security clearance, all of the cases will be held until the security clearance is complete. If a dependent's security clearance is still pending, however, the TSC will issue the approvals for the other family members so that the highest numbers of people have their "green cards," or permanent residence, as quickly as possible. The TSC explained that it completes the decision process on the cases awaiting security clearances as soon as possible after receiving the security clearance.
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Separated Fingerprint Notices
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The TSC was also questioned on why family members who file at the same time do not always receive fingerprint notices at the same time. The TSC advised that the Application Support Centers (ASCs) schedule the fingerprints, not the TSC. The NCSC's 1-800 number is the correct contact to address fingerprint notices.
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Nurse Credential Evaluations Not Always Needed
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Some AILA members reported to the TSC that they were receiving Requests for Evidence (RFEs) for credentials evaluations for nurses in cases where the nurse had sent a Visa Screen Certificate with the petition. In those cases, the Visa Screen Certificate was sent along with a letter from the CGFNS that indicated a credentials review was performed in order to issue the Visa Screen Certificate. The TSC confirmed that separate credentials evaluations from those performed by the CGFNS to issue the Visa Screen Certificate would not be necessary in most cases.
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Cases Returned from Consulates
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The TSC indicated that they do not update the Online Case Status system for cases returned from consulates until a TSC officer has reviewed the case. If the consulate has indicated that it sent a case back to the TSC more than 90 days prior, the TSC will accept an inquiry on the case. It is unlikely that the TSC will respond to an inquiry placed before 90 days have passed since they received the case.
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Use of 1-800 Number for Resolving Inquiries
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The TSC reported that they are tracking inquiries placed through the NCSC 1-800 (toll-free) number to determine how these can best be resolved. During this time, they are not accepting any inquiries on cases for which an inquiry was made through the 1-800 number until after 30 days have passed.
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Determining I-140 Processing Times
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If an I-140 petition was filed concurrently with the I-485 application, the TSC is continuing to process these cases concurrently. For these cases, the I-485 processing time report should be used to determine whether the I-140 processing is beyond standard processing times.
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RFEs Due on a Weekend or Holiday
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The TSC confirmed that they will accept an RFE response on the next business day if an RFE is due on a weekend day or a holiday. We at The Law Office of Sheela Murthy, P.C. do not recommend relying on this policy, if possible, as there is always a risk that the response will not arrive on time. It is always best to try to avoid waiting until the last minute to file, though having this information could help in a pinch!