CSC Updates I-485 Issues : November 2003
Posted Nov 21, 2003

Meetings occur periodically between the American Immigration Lawyers Association liaison and representatives from the California Service Center (CSC). The liaison has the opportunity to ask a variety of questions regarding policies and procedures, as well as current problem areas. We know that many MurthyDotCom and MurthyBulletin readers have Adjustment of Status (I-485) cases pending at the California Service Center. What follows is the most recent information available regarding I-485 cases at the CSC.

Processing Time Reductions

The CSC predicts that, over the next six months, they will reduce the processing times for I-485s to within one year. They have allocated additional personnel to this task. The current processing times as published by the CSC show close to a two-year backlog. Reducing the processing times will require an enormous effort on the part of the CSC. We welcome an improvement in this area, but have seen many such promises go unfulfilled in the past. Additionally, if Service Center employees are merely being reassigned to work on the backlog, they are not processing some other type of case. What the Service Centers need are sufficient resources to process all cases in a timely manner, rather than merely shifting people from processing one category of cases to another.

If the promised reduction becomes a reality, we should see a flurry of case decisions over the next few months. Processing times should show substantial forward movement as well.

Concurrent Filings

CSC confirmed that I-485s filed concurrently with I-140s are adjudicated in the order they are filed, whether filed concurrently or following the approval of an I-140 petition. Therefore, for many people, the concurrent filing is often beneficial in this regard. As we have noted on prior occasions, however, some of the Service Centers review an I-140 before issuing an EAD or AP if the I-140 and I-485 are filed concurrently. It may be beneficial to consider filing the forms one after the other, namely filing the I-485 about a month after filing the I-140, to enable speedy receipt of the EAD and AP.

Interviews

Certain I-485 cases are set for interviews at the local offices. There are some types of cases that will almost always be scheduled for interviews. When an individual has a criminal background or prior serious immigration violations, s/he usually is required to undergo an in-person interview at the local USCIS office. The same is true for some cases filed using Section 245(i) to overcome immigration violations. Other potential issues can also cause USCIS to insist upon an in-person interview. While some people believe that all AC21 cases are forwarded to local offices for interviews, this is not true. The case of a person with an AC21 case may be forwarded for an interview, just as a case of a person who has been with the same employer for the entire time period may also be forwarded. There are random quality control-related personal interviews that have nothing to do with a person's file.

The CSC indicated that they are in the process of trying to make an initial identification of cases that need to have interview at the local office. If successful, the cases would then be transferred to the local office upon receipt, rather than remaining with CSC for many months, only to be sent to the local office for decision. We believe that this should be helpful in terms of reducing the backlogs.

AC21 Portability

The CSC was asked whether they wanted to be notified of AC21 portability proactively, rather than just waiting for a Request for Evidence (RFE) to be issued. They did not state that notification was required, but did state that applicants should "feel free" to provide the notification. They still may issue an RFE, even if notified earlier of the job change, because the materials may not reach the file in time.

File Updates

Given the extended processing times for I-485s at the CSC, they are issuing new fingerprint notices for persons whose fingerprints have expired, or who were too young for fingerprinting at the time of filing the I-485, but are now 14 years old or older. In many cases, they are sending out RFEs asking for new employment verification as well.

We thank the CSC for this helpful information. We hope that the faster I-485 processing becomes a reality in the upcoming months.