Update on Issues at CSC Posted Jan 27, 2006 ©MurthyDotCom The California Service Center (CSC) recently provided answers to some questions put forth by representatives of the American Immigration Lawyers Association (AILA) at a meeting in mid-December 2005. The topics that may be of particular interest to MurthyDotCom and MurthyBulletin readers include categorization of nursing cases for family members; advance paroles; and fingerprinting. ©MurthyDotCom Nurse Cases : Category and Family Members ©MurthyDotCom A question was posed regarding the use of two different categories for Schedule A green cards for nurses and physical therapists. Some are given the classification EB3 (Employment-Based, Third Preference) while others are given a category EX. The question assumed that the category of approval would limit the category that could be used later by any dependent family members in their cases. As our regular readers know, the EB3 category does not have visa numbers available for most cases, while, at present, the special category for Schedule A cases, EX, has enough visa numbers for all cases, regardless of priority date or country of chargeability. Thus, if there was such a limitation, the category given to the primary applicant would be significant. ©MurthyDotCom The USCIS clarified that the category given to the primary applicant in this situation does not affect the category available to the dependent. When Schedule A applicants are issued visa numbers, they are given one of the EB3 numbers, if available for the particular applicant. If not, then a number is taken from the specific EX allocation of the 50,000 numbers available for professionals in the Schedule A category. The dependent family members of Schedule A workers would be eligible for the EB3 or EX numbers, regardless of which of the two categories was assigned to the primary's case. (This ONLY applies to family members of Schedule A workers. This does not mean that other EB3 family members for whom there is not an EB3 number available can use any of the EX numbers.) ©MurthyDotCom Advance Parole ©MurthyDotCom The CSC confirmed that it conducts security checks on I-131, Advance Parole, applications, as with all other applications. These checks are separate from the security checks performed on I-485 Applications for Adjustment of Status. They report a 45-day processing time for Advance Paroles. There are sometimes delays, however, and inquiries can be made if it takes beyond 45 days. The security checks for the I-131s are not as thorough as those required for the I-485 applications. ©MurthyDotCom Fingerprints ©MurthyDotCom Fingerprints are valid for 15 months. This period is measured from the time the results are issued, not the date the fingerprints are taken. The fingerprint results are sent electronically from the FBI to the USCIS. ©MurthyDotCom Conclusion ©MurthyDotCom We at the Murthy Law Firm appreciate the CSC's helpful clarifications. It is our hope that, in sharing this information with our readers, they will be better able to make their own plans. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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