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CSC Pilot Program on Concurrent Adjudication
Posted
Apr 09, 2004
The U.S. Citizenship and Immigration Services (USCIS) announced on March 31,
2004 an upcoming, significant change in the manner and timing of the
adjudication of most EB2 concurrently filed I-140/I-485 cases by the
California Service Center (CSC). The announcement advised that the USCIS
will establish a pilot program at the CSC to actually adjudicate the I-140s
and I-485s at the same time and that this will be significantly faster than
the current process.
The announcement was made through CSC director, Don Neufeld, at an American
Immigration Lawyers Association (AILA) liaison meeting. This pilot program
will apply to all EB2 cases except National Interest Waiver (NIW) cases. If
name checks and fingerprint clearances permit, the I-140s and I-485s will be
adjudicated within 90 days of filing. The CSC will also attempt to
contemporaneously adjudicate pending I-140s/I-485s, starting with previously
filed concurrent EB2 cases, except NIWs. Though previously filed concurrent
cases should be processed within one year under the pilot program, I-140
petitions not filed concurrently are not expected to experience much
movement.
It is unclear exactly how the CSC is defining concurrently filed cases
eligible for the program. Whether the program is limited to concurrently
filed cases in which the I-140 was literally filed together with the I-485,
or whether it includes cases in which the I-140 petition was filed alone but
the I-485 was filed prior to the decision on the I-140, remains to be seen.
Although some people are concerned that adjudication of their previously
filed I-485 cases may take longer with the establishment of this pilot
project, it is a positive first step that the USCIS recognizes the problem
of long-pending I-485s, and are attempting to improve processing times for
all I-485 applicants by starting with this pilot project. We will monitor
our CSC cases here at The Law Office of Sheela Murthy, and seek information
from others to detect any patterns. We will continue to watch for
information on this new program to assess its value for our MurthyDotCom
and MurthyBulletin readers.
©
The Law
Office of Sheela Murthy, P.C.

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