Weather-Related Delays at TSC
Posted Jan 05, 2001

In view of the severe weather experienced in recent weeks in the southeastern part of the country, an attorney representative of AILA (American Immigration Lawyers Association) asked the Director of the Texas Service Center (TSC) whether there was any flexibility on filing deadlines for cases delayed due to the weather. For example, an extension of status must be filed before the current status expires, and items such as responses to INS Requests for Evidence (RFEs) have specific deadlines. If a carrier was unable to get a package to the INS on time, then that would be a factor beyond the control of the petitioner or applicant.

TSC Director James Burzynski replied that the petitioner or applicant can request that TSC agree to accept the filing if it was rejected (i.e. returned to the applicant) or to amend / reconsider its denial of the case if the case was denied as untimely, and include proof that adequates time was given for the courier delivery. TSC would consider that evidence in deciding whether to approve the request.