USCIS Headquarters Liaison Meeting of March 2005
Posted Jun 10, 2005
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In this article, we outline for MurthyDotCom and MurthyBulletin readers the relevant issues of a meeting between senior U.S. Citizenship and Immigration Services (USCIS) officials from headquarters with certain designated members of the American Immigration Lawyers Association (AILA). The meeting took place in Washington D.C. on March 17, 2005, regarding a variety of immigration law issues. Many of the questions were later answered by subsequent USCIS Memos, which have been reported in various MurthyBulletin articles, all available on MurthyDotCom. To include the relevance of these later memos, AILA took some time to send out the minutes from that meeting, released in June 2005. The items that appear to remain applicable are highlighted below.
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Security Check Delays
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The USCIS confirmed that FBI Name Checks are still the slowest of the security checks. They reported that fingerprint clearances and IBIS background checks are completed very quickly. Further, if a name check results in a hit, the file must be reviewed manually. Currently, there is no way for the USCIS to store the results from this manual work. Therefore, if the person files for another immigration benefit, the same security work may need to be repeated. The USCIS is in the early stages of improving this situation through the creation of computer programs.
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InfoPass Appointments
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The USCIS District Offices have been directed not to turn away people who have not scheduled InfoPass appointments, particularly if one can show that there is an emergency. While it is best  to schedule an InfoPass appointment in order to speak to someone at a District Office, this should not be impossible in the event of a real emergency. MurthyDotCom and MurthyBulletin readers should note that waiting times without an appointment, however, may be long. Also noteworthy is the fact that, in the world of immigration, emergencies are generally life-and-death matters or matters with legal deadlines that can result in severe, adverse consequences. Even in such cases it is best to schedule an InfoPass appointment and attempt to meet a person earlier, if possible.
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Relief At Busy Application Support Centers
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The USCIS has indicated that they have created a second shift at 19 Application Support Centers that had reached capacity. Application Support Centers take biometric data for certain immigration applications.
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Pilot Programs
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The New York District pilot program to process the I-130 and the I-485 within a short timeframe in marriage-based cases, has been discontinued. It is expected that this is permanent. The USCIS does not believe that this program resulted in substantially more identification of fraudulent cases nor that it improved adjudications.
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The Dallas District pilot program will continue for now, although it has not made adjudications more efficient. The USCIS has identified, but not specified, other positive benefits from this program. More information on this program for expedited adjudication of certain types of I-485s, Applications for Adjustment of Status, was reported in our April 4, 2005 MurthyBulletin article, USCIS Launches Pilot I-485 Program in Dallas, available on MurthyDotCom.
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Other Pilot Programs for More Efficient Processing
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In other pilot programs, the USCIS plans to generate the plastic green cards within 8 days of the I-485 approval. The USCIS also plans to extend the "90-days-to-adjudication plan" for family case initiatives nationwide. This will begin with faster jurisdictions in locations such as Buffalo, San Antonio, and San Diego, and end with larger, slower jurisdictions, such as New York. The plan is to implement this nationally by September 30, 2006.
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EAD Cards
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AILA questioned a number of matters regarding issuance of Employment Authorization Documents (EADs). This included the fact that they are effective as of the date of issuance, not the date of expiration of the prior card. The USCIS invited AILA to draft proposed regulations on this topic. Should AILA accept this invitation, USCIS and other agencies would need to approve them and they would need to go through the standard regulatory process.
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Conclusion
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It is wonderful to see that, in its goal to improve efficiencies in the system, the USCIS is open to input and suggestions by working with those who deal in these matters on a regular basis. We at The Law Office of Sheela Murthy applaud the USCIS's efforts in this regard.