District Office I-485 Processing Under Revised Name-Check Procedures Posted Mar 07, 2008
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MurthyDotCom and MurthyBulletin readers were informed earlier of a significant revision in USCIS procedures for I-485, Application for Adjustment of Status, cases delayed due to name checks. These changes most recently were covered in our February 22, 2008 MurthyBulletin article, Adjustment Cases Delayed by Name Checks-February 2008, which provided some information on the implementation of the changes at the USCIS service centers, as set out in the February 4, 2008 Aytes Memo. However, just how the similar delayed cases will be handled by the USCIS district offices is still unknown. The various district offices have cases for which interviews have been conducted and processing completed, but final action has been delayed due to the name-check problem. Information regarding the Baltimore, MD and Washington DC district offices has reached the Murthy Law Firm that may be helpful and reflective of what is likely to occur at other local USCIS district offices around the U.S.
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Baltimore, MD District Office
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The Baltimore District Office reports approximately 400 I-485 cases involving name-check delays in excess of six months. They arranged for the re-fingerprinting of applicants with expired fingerprints in those cases. The case adjudications began on Saturday, March 1, 2008. They estimate that it will take a few weeks to complete this process. The Baltimore District Office warns that, while many cases may be eligible for approval, some may have issues that require further documentation or other steps.
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Washington DC District Office
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The Washington District Office in Arlington, VA has also identified cases that are covered by the Aytes Memo on security checks, although they do not indicate how many cases are pending at their office. They are taking steps to schedule any new fingerprinting appointments that are needed. They have also started working on adjudicating eligible cases.
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As indicated in previous MurthyDotCom and MurthyBulletin articles, the local office for the Washington DC area notes that the Aytes Memo only applies to cases in which the name check is the sole issue keeping the case from approval. Additionally, it is necessary that a full 180 days have elapsed from a valid, complete name-check request. Thus, if there was any error in the name-check request (such as a data-entry error), then the time would be counted from the correct name-check request. The same is true for cases involving alias names, which were not identified at the time of the initial data entry. It would seem that "other names used," mentioned in the I-485 filing, would have been part of the standard data entry process. This was not clarified specifically, however.
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Conclusion
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It seems that the USCIS service centers and district offices are moving quickly to identify eligible cases for I-485 processing. Individuals who have been waiting, in some cases for years, on name check issues, will start to see the fruits of these efforts outlined in the Aytes Memo.
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