USCIS Launches Pilot I-485 Program in Dallas
Posted Apr 02, 2004
The Dallas USCIS District Office will begin a pilot program on May 3, 2004 in an effort to process selected types of I-485 applications within 90 days. The appointments for filing applications under the program will be scheduled through InfoPass, which is expected to begin accepting appointments for Dallas on or around April 13, 2004.
Who May Apply?
Family-based applicants, diversity visa lottery winners, special immigrant juveniles, and other special immigrants with an approved I-360 petition, may apply through the Pilot Program. Employment-based cases and other categories are not eligible at this time.
What Documents are Needed?
All applicants should bring the I-485 and the supporting documentation that they would normally submit with the I-485 application. The medical documents, Forms I-693 and I-693A must be provided, presumably in a sealed envelope. Two adit-style photographs are also required for all applicants. The I-130 filing, receipt notice or approval notice, and the I-864 Affidavit of Support should also be included for family-based applicants. Some family-based applicants will also have an I-129F approval notice. Diversity lottery winners must bring their State Department notifications, as well.
The Dallas Office advises all applicants to bring originals and copies of any supporting documents. If only originals are provided, they will not be returned. This means that the USCIS may keep the original birth certificate or marriage certificate if a copy is not provided. It is important to keep in mind that the fees for each process, and the specific documents needed, must be available at the time of the interview.
How is the Case Processed under the Pilot Program?
If a petitioner and beneficiary are involved, both must appear on the day of the interview. The Dallas Office requests that the required persons for the interview arrive no earlier than 30 minutes before the interview and suggests that the entire process on that day may take about 3 hours. An immigration information officer initially reviews the applications to determine if all of the documents are available. If there is insufficient documentation, the applicants will be given the option of returning with all documents within seven (7) days, rescheduling on InfoPass at a later time, or filing the documents, as they are, with the realization that a Request for Evidence (RFE) will be issued and the case will not be processed within 90 days.
If all documents appear to be satisfactory for an adjudication of the case to the immigration information officer, the case then will be given to a district adjudications officer, who will conduct an interview. If any issue arises at the interview that indicates to the district adjudications officer that the case will not be processed within 90 days, the officer will provide filing instructions for the employment and travel authorization documents. Once the interview is complete, the Dallas Office will send the file to the National Benefits Center (NBC) for initial processing. The NBC will assign a file number and send notification to the applicant to schedule an appointment for fingerprints at an Application Support Center.
If all eligibility requirements, including security checks, are met by the 70th day after the interview at the Dallas Office, the USCIS will send an approval notice to the applicant's eMail or home mailing address. Once the approval notice is issued, the applicant should appear at the Dallas Office to obtain the I-551 stamp in a valid, unexpired passport. The I-551 stamp is physical proof of lawful permanent resident status that can be used while the physical green card is being processed.
If all eligibility requirements are not met by the 70th day after the interview, USCIS will send an eMail, or letter to the home mailing address, advising the applicant that the option of filing an Application for Employment Authorization (I-765) and/or Application for Travel Document (I-131) is available. An appointment would be scheduled to process these applications. If the I-485 has been approved by the appointment date for the I-765 and/or I-131, the I-551 stamp will be issued in lieu of the Employment Authorization Document (EAD) and the Advance Parole (AP).
Should I Apply for the EAD and AP Earlier?
Generally, a person filing under the 90-day pilot program should not apply for the EAD and AP. The Dallas Office will permit early filing during the 90-day period if there is an emergency, and the applicant believes that having these documents is vital. It is not clear whether filing for these documents early will affect the applicant's chances of receiving the 90-day adjudication.
Should I Withdraw a Pending Application and Re-File?
The Dallas Office reported on March 16, 2004, that it is currently processing I-485 cases filed on or before January 1, 2003. By contrast, the persons filing on May 3, 2004, may receive adjudications within 90 days. There may, therefore, be some temptation to withdraw pending cases and re-file under the pilot program. While the pilot program has excellent potential, it is an untested system. It may be prudent to wait to take any action on pending cases until the pilot program has been tested and proven effective.
Will this Program Move to Other District Offices?
It is not clear whether the pilot program in Dallas will move to other District Offices. Some pilot programs never move beyond their initial processing center, while others are duplicated all over the country. The Dallas District Office will be collecting data on the percentage of cases, by category, that are processed within 90 days; the percentage of cases that require continuations for medical issues, affidavit of support issues, translations, identity documents, evidence of relationship, criminal violations, and immigration violations; the percentage of cases, by category, that require waivers; and the percentage of cases, by category, where fraud is suspected. Usually, such data is collected to determine whether the program is viable. Any future expansions of the project will be addressed in the MurthyBulletin and posted on MurthyDotCom.
Conclusion
USCIS Director Eduardo Aguirre stated at the American Immigration Lawyers Association (AILA) National Conference, in June 2003, that he wants the USCIS to provide better customer service through the increased use of technology. He has started numerous programs to make this goal a reality, including this new pilot program. This program is a monumental step for the USCIS, and we appreciate their ongoing efforts to improve the systems in place and provide faster processing for certain adjustment of status applicants.
© The Law Office of Sheela Murthy, P.C.
Copyright : Documents from this site may be printed as long as the copyright notices are included on the print-outs and the documents are not modified or altered.