Contractor Dispute Delaying Receipt Notices at TSC
Posted Aug 31, 2001

We at The Law Office of Sheela Murthy, P.C. have received many inquiries on delays in receipt issuance for I-485 (adjustment of status) applications at the INS Texas Service Center (TSC). We understand that the delays are due to a "contractor problem." By some estimates there are at least 100,000 pieces of unopened mail at TSC. The problem dates back to May or June of 2001.

Apparently the reason for the serious backlog at TSC is that the INS fired the contracted company that provided the mailroom workers. The new contractor was to begin its service in June of 2001. The old contractor filed suit against the INS. In view of the pending litigation, the prior contractor refused to train the new contractor's workers on the mailroom procedures at TSC, in order to ensure a smooth transition. So the new contractor must now put new systems into place, train their people from scratch and so forth. While they are making progress, it could take another 60 or even 90 days to catch up.

Applicants who filed cases on or before May 24, 2001 should hopefully be getting receipts shortly. Attorney members of the American Immigration Lawyers Association (AILA) can bring to the attention of the AILA I-485 Liaison for TSC any cases filed before May 24, 2001 with receipts not yet issued and received. INS has requested that they be notified of such cases, so that they can monitor the situation. As to cases filed after May 24, 2001, TSC may still be unable to provide any information. The AILA liaison can also do nothing at this time on cases filed after that date.

The delay in receipts for I-485s, and accompanying I-765s (work authorization applications) and I-131s (advance parole applications) has caused serious hardship for many. INS regulations state that if an employment authorization document (EAD) is not issued within 90 days of filing the I-765, the local District Office of INS must issue an interim EAD. [Note : The applicant must bring proof of having filed the application 90 days earlier with the Service Center.] Although some local offices may accept courier or express mail receipts or may check to see whether the case can be located in the computer system, most INS offices require the Service Center receipt notice. This requirement puts those who have filed at TSC in a bind, resulting in the possible loss of employment opportunities.

We at The Law Office of Sheela Murthy believe that with AILA intervention some progress should be made in the near future. In the meantime, the AILA Liaison has recommended that people who are suffering hardship due to the lack of receipts should write to INS Headquarters requesting that local INS District offices be required to accept courier or postal receipts. Another recommendation is for those affected to, themselves, contact or have their employers contact their Senators and Representatives, to obtain a speedy resolution to this problem.