INS Vermont Service Center Update
Posted Feb 25, 1999

On February 1, 1999, the American Immigration Lawyers Association (AILA) posted the minutes of their December 1998 liaison meeting with the Vermont Service Center (VSC). We provide some highlights below.

Location of filing I-129 and I-140 petitions

It is widely known, both to the immigrant community and to U.S. employers, that the VSC is a preferred location to file cases because the processing time is generally faster than at the three other Service Centers. Many companies are willing to go to great lengths to ensure that their cases will be processed at the VSC, including opening new branch offices or even moving their headquarters.

Even when the work location may be outside the VSC area, if the employer is located within that area, many attorneys, including the Law Office of Sheela Murthy have filed the petition at VSC, without any problem. However, a change may be in the works.

AILA representatives mentioned at the liaison meeting that VSC has typically been accepting cases filed by companies with corporate headquarters within VSC's jurisdiction, even if the job location is elsewhere. However, recently some attorneys have noted that VSC has rejected some of these filings and indicated that the petition should be filed in another location. AILA asked why the VSC had reversed its policy of accepting these cases.

In response, VSC denied that it had any such policy. VSC says that the proper filing location is where the beneficiary is to be working. If a case of this type has already been entered into the system, VSC will adjudicate it. However, if they catch the problem while the case is still in the mailroom, they will forward the case to the appropriate Center.

As we may have explained in an earlier edition of the Law Office of Sheela Murthy Immigration Law Bulletin, transfers of cases from one Service Center to another could result in interminable delays, to the detriment of the company and the employee.

Expediting I-140 Petitions

AILA asked whether processing of I-140 immigrant visa petitions could be expedited for beneficiaries who are close to reaching the limit on their non-immigrant stay, for example 6 years on an H-1. INS says that expedites will not be granted on a routine basis. In accordance with INS policy, all expedite requests are considered on a case-by-case basis.

As a practical matter, a great many cases involve the above situation and it is most likely impossible to expedite them all. As the Service Centers often remind us, every time they expedite a case, they are slowing down other cases because the expedited case is placed ahead of the others. In an emergency, an expedite can be a valuable tool, and Service Center personnel can be (surprisingly) helpful. But the above situation, while an emergency to the individuals involved, is probably too common to be considered an emergency by the INS, unless there are other circumstances, for example, a child about to turn 21 years of age in the near future, that may be considered a reasonable basis for an expedite. Discuss this matter with your attorney.

Adjustment of status (I-485) processing times

In response to the question of whether I-485 processing times vary according to case type, the answer was that in general all I-485s have the same processing time. Exceptions are: (a) diversity visa (lottery) cases and (b) cases in which a dependent child is about to turn 21.

VSC is in the process of updating processing time estimates on both the phone system and receipt notices. Processing times have been indicated as 90 to 180 days for some time, even though the usual processing time is generally one year or longer for most I-485s. The new phone recording and receipt notices will state a processing time of 360 days.

Changes of address after approval of I-485 and prior to issuance of actual green card:

VSC advises that the best way to inform them of an address change in this situation is to call them. An Information Officer can make this change immediately at the time of the phone call. If an address change is requested in writing, it may take several weeks to be processed, depending upon the backlog of correspondence received at the Center.