Updates from the Texas Service Center - June 2001
Posted Jul 06, 2001

From time to time in the MurthyBulletin, we report on discussions between attorney representatives of the American Immigration Lawyers Association (AILA) and INS and other agency officials. We provide below some highlights of the June 11, 2001 AILA Liaison Meeting with the INS Texas Service Center (TSC).

Changes in Telephone Service

Attorneys asked about some of the telephone numbers at TSC having been eliminated and wondered whether this change was evidence that the premium-processing program was causing a disruption to normal operations. TSC, however, clarified that the reason for eliminating some phone lines was a reorganization to accommodate additional staff at that office. TSC does not expect premium processing to have a negative effect on its normal workload. Of course, if filings significantly increase, backlogs could increase, but that circumstance is not related to the premium program.

With respect to the special phone line for premium-processing case inquiries, there were technical problems, requiring it be briefly taken off line. Based upon TSC's estimate as of June 11, that phone line should likely have been working again by the end of June 2001.

H1B Processing Times

AILA attorneys indicated many cases were taking 9 to 12 weeks and asked whether there was likely to be any improvement in the short term. TSC officials answered that cases were generally taking about 60 days and they hoped to stay within that timeframe.

K-1 (Fiancé/e) Processing Times and Priorities

AILA asked why K-1 petitions (Form I-129F) were taking 120 to 150 days, quite a bit longer than before. The answer was that INS Headquarters had assigned other priorities. The issue of processing priorities is a major problem at INS. Headquarters issues mandates that certain types of cases must be processed within a certain timeframe, and then resources are diverted from other areas to meet that goal. The inevitable result is that, while some processing times improve, service deteriorates for case types not specifically designated as national priorities.

Pending I-485s for Single Persons Planning to Marry

Attorneys raised the question of a problem common among I-485 applicants from India. As many readers of the MurthyBulletin are aware, in order to include a spouse in one's Green Card case, the marriage has to take place prior to approval of the I-485. There are many instances of applicants in the EB3 category having filed the I-485 to then have the priority dates retrogress; so the cases were on hold at INS. For those in that situation who are single and thinking of marrying at some point, it may have seemed that there was plenty of time to find a suitable spouse and add him or her to the case.

However, with all employment-based dates current for July 2001, many of these cases will now be completed. The AILA attorneys asked, therefore, whether there was any way to have these cases held a bit longer, or would the applicants have to withdraw and re-file their I-485s?

INS's answer was that there was no way to hold off on adjudication of the cases. This response makes sense because, now that the cases are current, INS understandably wants to close out as many of these files as they can. Accustomed to complaints about things taking so long, INS is not typically asked to slow down a case. If the person is worried that the I-485 may be approved before the marriage can take place, it is then certainly possible to withdraw the I-485 (assuming the nonimmigrant status has not expired in the meantime) and to re-file it.