Nebraska Service Center Update : March 2006
Posted Apr 07, 2006
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The American Immigration Lawyers Association (AILA) from time to time obtains answers to procedural and policy questions from the USCIS Service Centers. The Nebraska Service Center (NSC) recently released some of the answers to various questions posed by AILA. These responses have been selected for their relevance to our MurthyDotCom and MurthyBulletin readers. We note that, since April 1, 2006 marked the date from which all I-140 petitions need to be filed with the NSC, information on this service center now matters to more of our readers. Our March 31, 2006 article, USCIS Begins Bi-Specialization April 1, 2006, available on MurthyDotCom, explains this new procedure. With the adjudication of I-140s taking place at the NSC or the Texas Service Center (TSC), individuals who previous had no dealings with the NSC now will have at least some form of contact them.
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Highlight Schedule A Filings for Nurses and Physical Therapists
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The I-140 immigrant petition in an employment-based (EB) case does not have a place for the petitioner to designate the case as Schedule A for occupations like nurses or physical therapists. There is only a place on the form for the USCIS to make this designation. Thus, the NSC recommends including a cover letter indicating that the case is being filed for a person in the Schedule A occupation. Based upon our experience, any such cover letter should contain a bold, highlighted heading of the category. Simply mentioning Schedule A in the body of a cover letter, in regular-sized print, may not be sufficient to draw attention to the type of case and ensure that it is approved and processed with the I-485 as long as the priority dates remain current for Schedule A cases.
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Spousal I-485 Interviews in EB Cases are Based on Certain Criteria
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A question was asked as to why an interview is set at the local office when a spouse files the I-485, Application for Adjustment of Status, in an employment-based case. The question asserted that this happens routinely when the spouse's I-485 is filed sometime after the primary's I-485 application.
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The NSC replied that a personal interview for the spouse of an EB applicant who files the I-485 separately is not scheduled in every case, summarily. They stated that they make case-by-case decisions, based upon national standards. Some reasons for interviews include: validation of identity, validation of legal status, questionable eligibility, suspected fraud, duplicate or multiple filings, fingerprinting problems, medical conditions revealed in the medical exam, missing "A" file, and the length of the marriage.
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Criteria for Expedite Requests for Reentry Permits
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Reentry Permits are used for permanent residents who need to be outside the U.S. for more than a year and up to two years. They are filed with the NSC. Merely filing, or even obtaining, the Reentry Permit does not assure that one will be able to reenter the U.S. safely. The NSC was asked about the criteria for expediting these requests. The NSC indicated that it is possible to ask for an expedited decision. The case should be marked as "expedite request" and the reasons for the request should be attached. Asking for expedited processing without justifying it will not be sufficient. Merely having requested an expedited processing in no way assures that it will be granted.
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The criteria for expediting the reentry permits, as well as other forms, include: severe financial loss, extreme emergent situations, humanitarian situations, Service error, compelling interest of the Service, request from a U.S. government entity, or request from a nonprofit organization in furtherance of the cultural and social interest of the United States. This should not be over used. Requesting expedited processing in routine situations will only serve to delay those cases that qualify for this service.
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Conclusion
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We at the Murthy Law Firm thank the NSC for this updated information. We have not included some of the information about H1Bs and other employment-based, nonimmigrant cases, as these now are all filed with the Vermont Service Center (VSC), as of the bi-specialization program mentioned above, that began April 1, 2006.
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