AILA 2002 Conference Report : NSC Update
Posted Jun 28, 2002

The INS Service Center updates session of the American Immigration Lawyers Association (AILA) June 2002 annual conference provided insight into a number of important matters and significant correction and retraction regarding the previously announced "zero tolerance" policy. This Report should provide MurthyBulletin and MurthyDotCom readers with some clarity on many Service Center issues, including the question which is always on everyone's mind - why is my case taking so long?

Hiring

The Nebraska Service Center (NSC) is in the process of filling 52 job vacancies. They have selected 50 potential candidates who are undergoing background checks. This lack of personnel has an obvious impact on case processing times. Once hired, these candidates must also be trained.

IBIS

NSC is processing the IBIS checks on each day's receipted cases. If a case comes back from the IBIS check with a "definitive negative" (i.e. no negative information on the applicant), then the examiner can go forward with the case. If there is a "hit," IBIS generates a name and date of birth, which is then put through an identification process.

If an IBIS hit occurs, a "triage" group then evaluates the case. Those with serious criminal histories, prior orders of deportation / removal, or deemed to be potential security threats are referred for enforcement. Smaller hits, such as minor crimes that do not make the person removable, are sent for adjudication.

The NSC suggested including a copy of the applicant's driver's license with each application in an effort to help resolve some IBIS hits. These sometimes occur when an applicant's name and date of birth is the same as that of someone with a negative background. The physical description on a driver's license may help to clarify that the applicant is a different person from the IBIS result.

Changes

The NSC expects to have electronic I-765 (Application for Employment Authorization) in place before the end of this year (2002). They expect to begin electronic filing on two unidentified types of cases as an initial trial. NSC expects to do more "front-end" filing, sending cases to a lockbox for initial fee processing and basic data entry. There still are also rumors regarding premium processing for I-140s and concurrent I-140/I-485 filings.

NSC will be improving telephone service, by tripling the number of phone lines. This is a very welcomed change and one we can recommend for all the INS Service Centers!