Texas Service Center Update
Posted Feb 22, 2002
The American Immigration Lawyers Association (AILA) recently released the Texas Service Center (TSC's) answers to specific questions posed by AILA members in a December 10, 2001 meeting. As many MurthyBulletin and MurthyDotCom readers have cases pending with the TSC, we are happy to share this helpful information covering a variety of issues.
I-140 Processing Times
TSC announced that it is making a deliberate effort to reduce the I-140 backlog. As part of this project, TSC has been transferring several thousand cases to the Nebraska and Vermont Service Centers. The goal is to bring the I-140 processing times "current" by May 2002. We do not have information on how cases will to be selected for transfer, nor was information given as to whether transfer notices will be issued in order to inform petitioners of transfers. Whether the transfer of cases might also slow processing at the INS Service Centers in Nebraska and Vermont remains to be seen.
Fingerprinting
With respect to fingerprinting notices for I-485 (Application for Adjustment of Status) cases, the TSC explained that the fingerprints are scheduled by a "national scheduler." For this reason, the timing of the notices varies from location to location. TSC indicated that only those I-485 applicants who filed before May 1, 2000 and have not yet been fingerprinted should check with TSC. Those who filed later should wait for their notices. Please note that from time to time TSC revises this date. At the next meeting with AILA it is quite possible that TSC will provide a more recent filing date for checking on fingerprints.
Priority Date Considerations for I-485s
TSC reports that they are continuing to pull I-485 case files on hold due to their priority dates not being current. This is so that they can resume processing the applications. MurthyBulletin and MurthyDotCom readers with long-standing adjustment of status cases pending with TSC in the employment-based third preference (EB3) category may find this matter particularly important.
These cases were put on "hold" when the priority dates became unavailable after filing. A detailed explanation of priority dates is available on MurthyDotCom in our article Priority Dates : How Do They Work from March 18, 2000. As many of our readers are aware, an applicant's priority date must be current when the I-485 is filed. The applicant's priority date must also be "current" in order to approve the application. If the dates retrogress (move backward) while the I-485 is pending, the case will be put on "hold" until the date becomes current. The priority dates in all employment-based categories became current in June 2001. Since then, TSC has been pulling files and having new fingerprinting notices issued as needed. They advised that it is appropriate to inquire about cases of this type filed before January 3, 2000 in the event that a new fingerprinting notice has not yet been issued.
I-130 Receipts
TSC reports there were delays in issuing I-130 (Petition for Alien Relative) receipt notices, but the problem has been solved. They should now be current in I-130 receipt issuance.
Extensions of B1/B2 Status
For Applications for Extension of B (business / visitor) status, the TSC confirmed that they will issue approvals going thirty days beyond the date of adjudication for those extensions that would otherwise expire too soon after approval. For example, if one requested a five-month extension but it took four and a half months to process the case, by the time it is approved the period remaining to the person might prove insufficient to arrange for departure. The one-month policy will avoid this problem for cases filed with the TSC. Of course, while the application is pending the applicant is in status based upon the pending application.
We will continue to report on specific information provided by the Service Centers, to keep our MurthyBulletin and MurthyDotCom readers up to date. © The Law Office of Sheela Murthy, P.C.
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