NSC Update : April 2003
Posted Apr 25, 2003
On April 18, 2003, AILA released a report on its January 22, 2003 teleconference with the Nebraska Service Center (NSC). We at the MurthyBulletin and MurthyDotCom bring updates like this to our readers as soon as this relevant information is made available.
I-129 Timeframes
It was noted that the timeframes for I-129s have increased for those cases not using the premium processing procedure. The I-129 Form is used for many employment-based, nonimmigrant statuses. It is used for the H, L, O, P, and Q categories. It is also used for extensions of stay or changes of status to E, R, or TN status.
The NSC reported that most I-129 cases they receive are adjudicated or issued a Request for Evidence within 100 days of receipt. They note that some of the case-processing times are extending beyond the 100-day timeframe due to security check delays.
I-485 Timeframes
The NSC was asked about the impact of the I-485 "hold" on I-485 processing within that Service Center. The NSC responded by advising that they are training their officers with an increased level of security checks. They indicated that they are close to completing this training and that they anticipate adjudicating substantial numbers of cases following the training.
I-131 (Reentry Permit) Timeframes
The NSC was asked about the six-month timeframe for issuance of a reentry permit and whether anything could be done to reduce the processing time for this permit. Our readers should note that the reentry permit, although filed on Form I-131, is different from the advance parole that is requested on the same form. The reentry permit is for permanent residents who will be living abroad for an extended period of time. Unlike the advance parole, which requires that the person stay in the U.S. until it is adjudicated, a person who files for a reentry permit does not need to remain in the U.S. once the application for the permit is filed.
The NSC responded that it definitely does take six months for the reentry permit. They point to the additional post-9/11 requirements for each case, resulting in their inability to eliminate backlogs.
IBIS Timeframes
The NSC reported that IBIS security checks generally take 15 days to complete. Some cases require a longer period of time to resolve. When there is a "hit," the information needed to resolve the "hit" is usually with another government agency.
AC21
The NSC was asked about their policy regarding the adjudication of an I-485 under AC21 in cases where the I-140 was withdrawn either before or after the 180-day period following the filing of the I-485. Rather than respond, they stated that this is a policy question for Headquarters to answer.
Although, clearly, this does not resolve the issue, we are pleased that NSC at least recognizes that this is a matter of BCIS national policy. Hopefully, this means that they will be following the stated national policy of allowing I-485s to continue under AC21, notwithstanding the I-140 withdrawal following the 180-day point. We saw an instance in the past where they did not follow headquarters' policy or guidance on this matter. © The Law Office of Sheela Murthy, P.C.
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