Service Center Update : January 2004
Posted Jan 23, 2004

This information regarding current procedures and priorities should prove helpful to MurthyDotCom and MurthyBulletin readers with cases pending at the USCIS Service Centers. The information is from a January 6, 2004 American Immigration Lawyers Association (AILA) teleconference.

Why are I-140s taking so long?

The processing times for I-140s have become quite lengthy throughout the United States. When questioned as to when applicants and beneficiaries can expect some improvement, the answer was a bit vague. The USCIS advises that each Service Center is on a "production plan." USCIS must first address legally required deadlines and its plan to reduce waiting times at the local level. There is a hope, but not a promise, to move some USCIS examiners to I-140 adjudication after backlogs are reduced in other areas and after the H1B cap is reached. Therefore, hitting the H1B cap will be bad news for many, but may be good news for people with long pending I-140 petitions.

Photograph Specifications

Immigration photographs must meet certain, very specific requirements, including the size of the image in the photo. The USCIS was asked whether the photos are scanned and, if so, if the dimensions of photographs can be adjusted digitally to meet the regulations. The USCIS confirmed it scans the photographs. There are, however, limits to the ability of the USCIS to make adjustments to photographs. The Service Center will issue a Request for Evidence to obtain new photographs if those submitted are unacceptable. It is best, therefore, to submit photographs with the correct specifications, to avoid delays in the case processing.

To whom should checks for filing fees be made payable?

The filing fee checks for cases filed with the Service Centers should be made out to USCIS. However, checks will be accepted at this time if they are made out to: CIS, Citizenship and Immigration Services, BCIS, Bureau of Citizenship and Immigration Services, US CIS, U.S. Citizenship and Immigration Services, DHS, Department of Homeland Security, Immigration, Immigration Services, U.S. Immigration Services, INS, and Immigration and Naturalization Service. Senior USCIS officials also stated that some checks made out to DOJ or Department of Justice will be accepted, if it is clear that the intent was to pay immigration-filing fees. Of course, it is best to make the check out to the proper entity, not to non-existent organizations or incorrect divisions of the government. The policy now seems to be quite broad, due to the progressive transition from INS to USCIS. There is no assurance, however, that the USCIS will indefinitely continue to accept checks made out to all the listed variations. Further, the Service Centers have occasionally rejected checks made out to entities other than the USCIS, resulting in rejected filings and causing problems in time-sensitive cases. Decisions to reject filings based on checks having been addressed to entities other than USCIS appear erroneous in light of the information provided by Service Center officials.