October 2000 Liaison Meeting with Texas Service Center
Posted Nov 17, 2000

As readers of the MurthyBulletin may be aware, representatives of the American Immigration Lawyers Association (AILA) meet regularly with INS officials at the four Service Centers. The following items, with regard to adjustment of status (I-485) applications, are from a recent meeting with the Texas Service Center.

Section 245(k) :

Under Section 245(k) of the Immigration and Nationality Act, an employment-based applicant can adjust her/his status as long as s/he has not been out of status, or worked without authorization, for 180 days or more since last entry to the U.S. Since the focus is on maintenance of status since the last entry only, TSC officials indicated that I-485 applicants do not have to prove their status since their first entry to the U.S., only the most recent entry. Usual documentation of legal status provided with I-485 applications includes copies of visas and entry stamps in passport, I-94 cards, approval notices, I-20 (for F-1 students), IAP-66 (for J-1s), and employment cards (such as for student Practical Training).

Photos on Green Cards :

Some attorneys reported problems with typos or wrong photos on Permanent Resident cards (Green Cards). TSC is working on fixing the problem, but also cautioned attorneys that it is important to indicate each applicant's name, A# (if one has been assigned yet) and date of birth in pencil on the back of each photo. This safeguard will help make sure that the correct photo will be used on the card.

Cases filed Prior to 1999 at TSC :

Many of our readers are aware that many I-485s filed during 2000 at TSC have been adjudicated very quickly -- in as little as 6 to 9 months. However, there are still older cases that remain pending. TSC officials are putting a priority on clearing all cases filed before 1999. If a case was filed with the TSC in 1998 or earlier, then a follow-up may be worth considering. Keep in mind that the other three INS Service Centers are behind TSC and so this guidance only applies to I-485s pending at TSC prior to 1999.