NSC Annual Liaison Meeting with AILA
Posted Nov 27, 2000

We report once again in the MurthyBulletin on discussions between INS officials and representatives of the American Immigration Lawyers Association (AILA). On November 2, 2000, an annual liaison meeting was held with the Nebraska Service Center (NSC). The meeting covered a broad range of issues, including the items below.

Impact of Congressional Involvement

People sometimes turn to their Representative or Senator for assistance in resolving a problem or delay with an INS application. Generally there is an aide in the Representative's or Senator's office who deals with immigration issues, and there are special telephone lines at the INS Service Centers for Congressional inquiries.

There are differences of opinion as to whether, and to what extent, Congressional involvement can help in a case, and NSC officials were asked for their views on this question. The reply was that it can help expedite a case, but does not affect the actual outcome of the case.

Electronic Signatures

In view of a recent change in the law, giving legal effect to electronic signatures, the NSC was asked about its interest in using this technology. NSC officials replied that the U.S. Department of Justice is developing an implementation plan and that INS Headquarters may then provide some instructions to the INS Service Centers.

Faxed Requests for Evidence

If the NSC needs more evidence on a case, a Request for Evidence (RFE) is sent out. Usually the RFE is in the form of a notice that comes by mail, but if it is a relatively simple request, NSC may send an RFE by fax. The Fax RFE requires a quick response, within three days. NSC clarified that this means three business days, so if the request comes on a Saturday, the response can be submitted by Wednesday.

Replying within that three-day timeframe means the case will receive expedited consideration. However, if it is not possible to reply so quickly, then the usual 12-week deadline for regular mailed RFEs goes into effect. Please note that it can take a fair amount of time (a few months is common) to obtain a decision after a response to a regular RFE is submitted, so if you do get a faxed RFE, every effort should be made to respond within the three days in order to receive a faster decision on the case, unless responding earlier does not allow one to obtain all the necessary documentation for approval.

Procedure When Consulate Returns a Case to NSC

Sometimes when a person applies for a nonimmigrant visa, such as an H1B, the Consulate decides that the petition should not have been approved. For example, the applicant might not appear to have the proper qualifications or there may be doubts about the existence or viability of the company. NSC officials were asked what procedure is followed when a petition comes back to the NSC from the Consulate.

The process works as follows. The case is reviewed again by an INS officer at the NSC. If the officer finds that it was correct to approve the case, s/he sends a notice to the consulate, reaffirming the petition. The petitioning company or its attorney also receives a copy of this notice.

If the officer finds that there is a basis to revoke the petition, then s/he issues a Notice of Intent to Revoke. The petitioner or attorney has 30 days to rebut the Notice, showing why the approval should not be revoked. The officer then decides whether to reaffirm or revoke the petition.

The NSC says it takes 60 to 90 days, from the time it receives the case back, to complete this process. However, please note that there is sometimes a lengthy delay between the time the Consulate tells the applicant that the case is being sent back to INS, and the time that the INS actually receives the case.

I-485 Fingerprinting When Applicant Turns 14 Years of Age

Fingerprinting is required for I-485 (Adjustment of Status) applicants 14 years and older. An AILA attorney asked the question whether an applicant who was under 14 at the time of filing but was going to turn 14 while the case was still pending, could submit the $25 fingerprinting fee up front.

NSC officials replied that INS regulations do not allow them to accept a fingerprinting fee from a person who is under 14 at the time the I-485 is filed. Prior to issuing a decision on an I-485 the NSC checks for fingerprint clearances. If the applicant has turned 14 while the case was pending, then the NSC issues a written notice requesting the $25 fingerprint processing fee.

Delays in Receiving Approval Notices for J-1 Waivers

Attorneys have complained that it can take awhile between the time that the U.S. Department of State (DOS) recommends approval for waiving the 2-year home country requirement, and the time that INS issues its approval notice. According to the NSC, one problem has been that the waiver recommendation letters were incorrectly identified in the mailroom. A routine letter, what INS calls general correspondence, is responded to as time permits. In contrast, a DOS recommendation on a J-1 waiver is supposed to be processed quickly. Additional training, with samples of DOS letters, is being provided to mailroom personnel to attempt to resolve this problem.