CIS Ombudsman on Service Center Issues : EADs, RFEs, Etc
Posted Aug 24, 2007
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The CIS Ombudsman's office holds regular teleconferences to provide updates and respond to issues posed by those participating in the telephone calls. On August 16, 2007, the CIS Ombudsman, Mr. Prakash Khatri, held a teleconference on the United States Citizenship and Immigration Services (USCIS) service centers. The August 16, 2007 teleconference addressed delays in issuance of receipt notices, possible Requests for Evidence (RFEs) on I-485s, Employment Authorization Document (EAD) delays due to July / August 2007 filings, processing delays of Applications for Adjustment of Status (I-485s), FBI name-check delays, and other important matters. The CIS Ombudsman's teleconferences provide a forum for voicing issues of concern to individuals and employers, as they interact with the USCIS.
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This was one in a series of teleconferences entitled "How Is It Working for You?" The teleconferences are open to the general public. Information on two earlier teleconferences, in which our firm participated, was shared with MurthyDotCom and MurthyBulletin readers in our articles Ombudsman's Teleconference on RFEs / NOID Issues (May 4, 2007) and Ombudsman Addresses Excessive Name Check Delays (July 27, 2007). 
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USCIS Service Centers
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The USCIS service centers are part of the Department of Homeland Security. The role of the service centers is to adjudicate applications and petitions for immigration benefits filed by foreign nationals and/or their employers and/or qualified relatives. There are four service centers designated to serve the general public, based on the geographic location and/or the type of petition or application. They are the Vermont Service Center (VSC), the California Service Center (CSC), the Nebraska Service Center (NSC), and the Texas Service Center (TSC).
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FBI Name-Check Delays
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The inability of the FBI or the USCIS to process name-check requests in a timely manner is a pressing issue for a great number of people whose applications for the "green card" have been delayed for years as a result. The CIS Ombudsman addressed this in great detail in his July 20, 2007 teleconference, on which we reported in the July 27th article cited above. On August 16, 2007, the Ombudsman reiterated that his office is working closely with the USCIS to redress this daunting situation and that he anticipates that the USCIS may provide an announcement on matter in the near future.
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Many who participated in the August 16, 2007 teleconference raised more questions with regard to the FBI name checks, including a problem of possible denials of green card applications because of a change in circumstances (such as a change in employers) during the long wait for a name check to clear. Other questions included the concern that time spent waiting for the adjudication of one's green card application is not being counted against the standard five-year physical presence requirement to qualify for U.S. citizenship.
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The CIS Ombudsman assured teleconference participants that he would do everything in his power to bring the issue of name-check delays to the attention of the USCIS so that it can be resolved.
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USCIS Filings Surge in July / August 2007
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The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
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Delays in Receipt Issuance Expected
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Due to the unprecedented number of filings submitted to the various service centers in a short period of time, USCIS is unable to issue the majority of receipt notices within the usual timeframe. The CIS Ombudsman reminded teleconference participants that receipting dates are published on the USCIS WebSite in the form of a press release. The most recent press release  on this subject was issued after the teleconference, on August 17, 2007.
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At this time, not all of the recently-filed applications and petitions have been entered into the USCIS system. One should remember that different applications require a different amount of input and, therefore, some applications may be receipted earlier than others, even if filed on the same date.
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Errors in I-485 Applications Should be Issued RFEs
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Many I-485 adjustment-of-status applicants and their attorneys had to rush their filings, particularly June 29-30, 2007, when rumors started to circulate that the priority dates announced by the U.S. Department of State (DOS) under the July 2007 Visa Bulletin were not going to be honored by the USCIS for I-485s filed during the month of July 2007. Therefore, many such cases could have been filed with minor errors. The CIS Ombudsman assured teleconference participants that he would encourage the USCIS to take a "customer-based" approach (as opposed to a "straight agency rule") and not deny those cases for minor errors or mistakes. Many of these applicants would not be eligible to file again for many months, or even years, should their cases be denied for matters that could easily be addressed in RFEs.
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EAD Applications - Delays Likely
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EADs, filed on the basis of I-485 applications, are required by law to be adjudicated within 90 days. Because of the great number of EAD applications filed, it seems to be physically impossible for the USCIS to adjudicate all these applications within the prescribed time. Therefore, the CIS Ombudsman has indicated that he will work with the USCIS to ensure that there is a procedure in place to issue interim EADs after the 90-day deadline for adjudication. MurthyDotCom and MurthyBulletin readers are cautioned not to rely upon the possibility of an interim EAD after 90 days, however.
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Conclusion
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The CIS Ombudsman believes that the USCIS service centers are providing good service to their customers. Unfortunately, there are various circumstances in which their clients do not receive the service or benefits within a timely manner. The CIS Ombudsman's role is to ensure that the service centers continue to improve their services and eliminate systemic problems that they may be experiencing. One of the tools that enables the CIS Ombudsman to fulfill the agency's role is these regular teleconferences. By meeting with the general public in this way, Mr. Khatri hears our concerns and can work on solutions.