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Ombudsman : USCIS Service Centers and Lockboxes
Posted
Aug 31, 2007
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The
CIS Ombudsman, Mr. Prakash Khatri, held a teleconference August 23,
2007, on the United States Citizenship and Immigration Services (USCIS)
service centers and lockboxes. The matters addressed related to USCIS
service center and lockbox filing, receipting and processing concerns, local
field office customer service and application processing issues, Employment
Authorization Documents (EADs), the processing of I-485 Applications to
Adjust Status, and other important procedural and substantive matters. A
number of USCIS officers, including service center officers, signed on to
the teleconference so that they also could hear the topics raised by callers
during the conference.
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This was part of the teleconference series, entitled "How Is It Working for
You?" The series provides a forum for individuals and employers who have
problems or concerns as they interact with the USCIS. Three earlier
teleconferences have been reported to MurthyDotCom and
MurthyBulletin readers, including our August 24, 2007 article,
Ombudsman on Service
Center Issues: EADs, RFEs, Etc, available on MurthyDotCom.
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USCIS Service Centers
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The role of the USCIS service centers is to adjudicate applications and
petitions for immigration benefits filed by foreign nationals, their
employers and/or Lawful Permanent Resident or U.S. citizen relatives. There
are four service centers with designated roles based upon geographic
location and/or the type of petition or application. They are the Vermont
Service Center (VSC), the California Service Center (CSC), the Nebraska
Service Center (NSC), and the Texas Service Center (TSC). In addition, there
are two lockboxes designated to accept certain types of filings, and 70
field offices across the United States to conduct interviews and adjudicate
family-based cases, naturalization applications, and other immigration
benefits.
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USCIS Receipting : "Frontlog"
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The Ombudsman explained the nature of the current receipting "frontlog" at
the service centers. The frontlog occurs when the USCIS receives an
unprecedented number of applications, and is unable to generate receipts
immediately. As a result, applications are sitting, waiting to be receipted.
All the service centers and the Chicago Lockbox received a substantial
number of cases prior to the fee increase that went into effect on July 30,
2007. Additionally, the Nebraska and Texas Service Centers were inundated as
a result of the July Visa Bulletin. Consequently, hundreds of thousands of
cases are awaiting receipts.
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A caller said she was receiving receipts from the Nebraska Service Center
for I-485 cases filed in July, while cases filed in June were yet to be
receipted. Since receipting is expected to be done on a first- in /
first-out (FIFO) basis, the Ombudsman requested some follow-up information,
enabling his office to review the process with the applicable service
centers.
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Processing Order of I-485 Applications
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A number of callers raised the concern that I-485 applications are being
processed and approved randomly, and not in the order in which they are
received. According to the Ombudsman, the service centers and local offices
are making every attempt to process cases chronologically, by the date of
receipt. Since cases are distributed between the four service centers,
however, the lockboxes and 70 field offices and the processing of cases
depends on the number of officers available at each office. Some
disparateness in the processing of cases is unavoidable, therefore. The
USCIS has tried, to the extent practicable, to standardize processing of
cases according to priority date and country limitations.
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Furthermore, during the months of June and July 2007, the USCIS processed
and approved an incredible number of cases, but encountered problems in
generating the approval notices and actual "green cards." Applicants whose
cases have been approved may still be unaware of their approvals in August
2007, because case status is updated in the system only when the approval
notice is generated. The USCIS is working to generate approval notices and
green cards for these cases. However, the CIS Ombudsman encouraged anyone
with an unusual experience regarding her/his case to submit
DHS Form 7001, with specific case information.
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EAD Applications
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The CIS Ombudsman has been engaging in discussions with the USCIS filed
offices, in an effort to institute a uniform policy to assist EAD applicants
with applications pending for 75 days or more. Since interim EAD production
could take several days, the Ombudsman believes it should not be necessary
for an applicant to wait for 90 days before requesting an interim EAD at the
field office. Field offices no longer issue EADs; however, they can request
interim EADs for pending applications. Mr. Khatri regrets that some field
offices are not focused on helping their customers to continue uninterrupted
employment, when the customers are doing their part to abide by the laws and
maintain the validity of their EADs.
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The CIS Ombudsman requested teleconference participants to notify his office
if and when a field office refuses to request the production of an interim
EAD card, when the application has been pending for approximately 75 days
from the date of application.
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Pending I-485 Applications at Field Offices
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The Ombudsman's Office has been urging the field offices to undertake an
accounting of all cases awaiting adjudication and institute a schedule to
complete those cases. To date, however, the field offices have not
cooperated in inventorying all of their pending cases and, as a result, many
cases are unaccounted for, with applicants unable to obtain status
information on their cases. Mr. Khatri requested conference participants
whose cases were last known to have been transferred to a field office, and
that have been pending at that field office for an extended period of time,
to submit a "DHS Form 7001" (linked above), as well as send an eMail to his
office, so that he may follow up with that office.
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Conclusion
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Mr. Khatri stated that the USCIS service centers and most field offices are
providing good service to a lot of people. This is not always the case,
unfortunately. The Ombudsman's role is to make sure that the service centers
and field offices continue to improve their services and eliminate systemic
problems. One of the great tools that enables the Ombudsman to fulfill his
role is the teleconferences that he holds on a regular basis. The Murthy Law
Firm will continue to participate in these conferences to report updated
information to MurthyDotCom and MurthyBulletin readers.

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