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VSC New
Procedures on Expedite Requests
Posted
Oct 26, 2007
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As of November 1, 2007, the Vermont Service Center (VSC) will begin
administering a new screening process for all requests to expedite. The VSC
will stop accepting requests to expedite cases transmitted via facsimile
(fax). Instead, requests will be routed by telephone through the National
Customer Service Center at their toll-free number,
1.800.375.5283.
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Expedite Process Referral by Customer Service to
VSC
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Customers and their representatives will be required to call the National
Customer Service Center to make their requests. A customer service
representative will make an electronic referral to the VSC only if s/he
determines that the request for expedited processing meets the established
expedite criteria. After that, the VSC will prioritize all requests based on
the determination as to whether expedited processing is warranted. The VSC
has indicated that all requests will be processed within five days. If any
additional information is needed, the VSC will contact customers and their
representatives directly. A decision on the case with an accepted request to
expedite should be made within ten days after the initial call.
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Criteria to Request Expedite
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As indicated above, the expedite request must fit within the expedite
criteria. It is not possible to obtain more prompt action on a case without
strong justification. The criteria are as follows.
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Humanitarian Situation
The example
given is when a U.S. citizen or permanent resident petitions for a relative
who is requiring medical treatment or other special care, or when there is a
minor child who lacks appropriate supervision or security. A visa number
must be available in order for this request to be granted.
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Extreme Emergent or Unforeseen Circumstances
This needs to be an emergency that is of no fault of the person requesting
expedited treatment. The example provided is a circumstance in which there
is an approved nonimmigrant petition for a member of the arts or other
performer, who then falls ill and needs to be replaced quickly.
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Severe Financial Loss to Company or Individual
For this, it is necessary to show that the failure to adjudicate the
petition within specific timeframes would cause severe financial harm or
loss to a U.S. entity and that no other remedy exists. It should be noted
that one cannot expect to use this ground simply because s/he has planned
poorly and has not allowed for normal processing times.
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Service Error
This covers a situation
in which the USCIS has made an error in the case that has delayed the
receipt of an immigration benefit.
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Department of Defense or National Interest
This requires a request from an official U.S. government entity, stating
that the delay will be detrimental to our government.
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Advancement of U.S. Cultural and Social
Interests
Expedited treatment is also possible based upon the
nonprofit status of the organization seeking to further the cultural and
social interests of the United States.
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Conclusion
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This new policy of no longer accepting direct faxes by the VSC could result
in delays. With the fax number, it was possible to explain the request in
writing. It will now be necessary to explain the situation to a customer
service representative over the telephone. The new system hopefully will improve the time and service, since any request for an expedite should be a
truly deserving case. It is important that this expedite process should be
used sparingly, and only in those cases that fit the criteria. Overtaxing
the system with frivolous requests only leads to more and more restrictions.
Copyright © 2007, MURTHY LAW
FIRM. All Rights Reserved
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