AILA 2002 Conference Report : California Service Center Update
Posted Jun 28, 2002
The INS Service Center updates session of the American Immigration Lawyers Association (AILA) June 2002 annual conference provided insight into a number of important matters and significant correction and retraction regarding the previously announced "zero tolerance" policy. This Report should provide MurthyBulletin and MurthyDotCom readers with some clarity on many Service Center issues, including the question which is always on everyone's mind - why is my case taking so long?
IBIS
The California Service Center (CSC) reported that they had implemented security background checks on applicants even before the directive required such checks on all applicants. However, CSC stated that they were not prepared to perform the needed Interagency Border Inspection System (IBIS) checks for all cases. See, our May 17, 2002 MurthyBulletin article, Mandatory Security Checks Cause INS Backlogs, regarding IBIS checks, available on MurthyDotCom.
CSC now reports that they are back up to speed and that each examiner has IBIS access via his or her individual PC. Examiners have all had training and are presently continuing to process cases that could not be completed before, due to the need for IBIS checks.
Problem Resolution
The CSC experienced some problems due to allegations that a contractor may have shredded mail that had been returned as undeliverable. In light of this, the CSC has instructed examiners not to deny any case for lack of response to a Request for Evidence (RFE). Presumably, this is limited to RFEs issued during a specific timeframe. They will be sending out second RFEs in these cases.
CSC has expanded their phone hours from 7 a.m. to 7 p.m., however, they only have twelve phone lines for general inquiries.
In response to the discovery that some examiners were issuing overly burdensome RFEs, CSC has changed the method by which RFEs are generated so that they will be better tailored to the situation. In the past, examiners were using stock RFE language but failing to delete portions that did not apply to a particular case. They must now, specifically, cut and paste the selected paragraphs.
Processing Progress
I-130s
CSC is attempting to clear out its backlog of pending Petitions for Alien Relative (Form I-130). They have approximately 500, 000 of these cases pending. CSC reported that they are prioritizing and resorting the cases in order to work first on those with visas immediately available. CSC states that this has been neglected and that, as they get more resources (staff, etc), they will focus effort on this area. CSC does not have sufficient, experienced staff for the more complex cases.
I-485s
While the processing report shows that I-485s are taking about a year, many cases are actually taking 6-9 months. The reason for the discrepancy is that the report does not give the whole picture. The figure represents the oldest cases that are ready for adjudication. Cases are not put on the "shelf" until they are completely ready for adjudication. All matters, such as fingerprints, must be complete. Family groupings are kept together and a family may be delayed if one member is not ready. © The Law Office of Sheela Murthy, P.C.
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