June 7, 2010 | In: 刘宗坤律师
I-140/I-485的新程序与老问题：移民局官员在TSC会议上的
I-140/I-485的新程序与老问题：移民局在TSC会议上的说明
Christina Le, Associate Attorney at Liu & Associates, PLLC On May 20, attorneys at Liu & Associates attended a meeting with U.S. Citizenship and Immigration Services (“USCIS”) officials at the Texas Service Center (“TSC”) and toured the Records Facility and offices. At the meeting, we discussed general case issues with officials from USCIS Headquarters and Supervisors at the TSC, including the specific supervisors in charge of the employment-based I-140 petitions and I-485 applications. In the following, we provide a brief summary of new information provided by USCIS officials at the meeting.
1. General Remarks and Overview2. The Lockbox Process3. I-140 Processing and Excessive Documentation4. Questions about I-485 Processing
1. General Remarks and Overview
Mr. David Roark, the TSC Director, stated that the number of cases being filed at the TSC is starting to increase after a decline during the last fiscal year. TSC currently is receiving approximately 4,400 I-140 petitions and 1,000 I-485 applications each month. For I-140/I-485 cases filed concurrently, which means they are filed at the same time and received together, approximately 50% of these cases are adjudicated within 90 days. Echoing the goal voiced by USCIS Headquarters, Mr. Roark reiterated that TSC is striving to be more consistent among its decisions and to be more transparent and accessible to the public.
USCIS Chief Counsel Roxana Bacon announced that USCIS is making great efforts to catch up to the electronic information age and to take advantage of computers and the internet. USCIS has contracted with IBM to develop a transformed data collection system that will be available to all government agencies and eventually will enable real-time communication with stakeholders and adjudication of cases. Along these same lines, USCIS is engaging in agency-wide policy review and reform with an ultimate end goal of consistency in adjudications. Information about a new, robust electronic filing system was also mentioned by both other USCIS officials.
2. The Lockbox Process
As many I-485 applicants are aware, at the beginning of 2010, USCIS announced a procedural change that required all standalone I-485 applications to be mailed to USCIS Lockboxes. Various problems have resulted with Lockbox processing, including a lengthy delay in receipting and erroneous rejections. The meeting provided us with the opportunity to raise our concerns directly with the person in charge of the Lockbox.
Mr. David Hiles, Chief of the Lockbox Operations Division, made a brief presentation regarding the USCIS decision to migrate all immigration petition/application intake to Lockbox facilities. In 2007, USCIS decided to adopt a Lockbox intake procedure similar to that of the Internal Revenue Service (IRS) and selected JP Morgan to serve as the Lockbox provider. The Service Centers began to transfer employment-based I-485 applications to the Lockboxes in December 2009 and have begun to transfer I-140 petitions and I-539 applications as of May 2010. USCIS aims to complete the migration process of all forms by the end of 2010.
As background, the Lockbox facility is a big open room that serves as an automated assembly line where all petitions and applications are received, sorted, and processed through a high speed scanner. After the documents are scanned, the electronic data entry system reviews the information in the forms. The computer system automatically rejects petitions/applications that are missing specific required fields (e.g., name, date of birth, signatures, dates, etc.). Because this part of the intake is automated, the system generates a rejection notice that is not reviewed by a supervisor. All documents are then returned to the applicant with the rejection notice. To advance the USCIS goal of family unity and to keep the family together, USCIS rejects the entire family’s package even if there is a problem with only one application in the package. All applications that are accepted are forwarded to the appropriate Service Center.
The majority of employees at the Lockbox facility is hired by JP Morgan and is not USCIS employees, so they do not have the same training in immigration law and procedures. Approximately 7 USCIS employees work in the Case Resolution Unit at each Lockbox facility. These USCIS employees only review certain applications for missing data, incorrect fees, jurisdiction, and adjudicates all fee waiver requests.
Mr. Hiles acknowledged the Lockbox has “encountered lots of challenges.” USCIS is aware of the delays in issuing receipt notices, the problems with erroneous rejections, and other unanticipated setbacks. He believes many of the problems with erroneous rejections of I-485 applications that occurred at the beginning of 2010 have been resolved through additional employee training, procedural changes, and modifications to the data entry software. However, the facilities are still working to meet the USCIS goal of processing applications within 24-48 hours of receipt at the Lockbox. Mr. Hiles stated USCIS had planned to be current by the end of May, but based on our experience, the Lockboxes are still far from meeting their processing goals (the majority of our cases do not receive Receipt Notices until 4-5 weeks after submission).
To help the Lockbox engage in more effective and efficient processing, Mr. Hiles provided the following tips for Lockbox filing.
- Do not highlight. Highlighting shows up black on the scanner, which then prevents the electronic data entry system from reading the form.- Do not use tabs or dividers. Scanners cannot scan tabs or dividers. Lockbox employees will remove them before scanning.- The electronic data entry system is designed to accept only one answer. If a question calls for Yes/No or check one box, do not answer Maybe or check multiple boxes.- Provide one filing fee check per individual applicant. Do not put all family members’ filing fees in one check.- Include the I-797 notice to show proof of eligibility for I-485 applications.- Do not print double-sided (duplex). The scanner will only scan one side.- When resubmitting rejected filings, do not send the rejection notice.
With regard to I-140 petitions, because the Lockbox intake procedure requires binding materials and tab dividers to be removed before scanning, both the TSC directors and our attorneys have expressed concerns regarding how the Lockbox would handle I-140 petitions and supporting documents that often comprise hundreds of pages. Specifically, the Director of the TSC, Mr. Roark, strongly urged USCIS to keep I-140 filings at the Service Center, so as not to disturb the organization of the supporting documents, which could result in delays and problems during the adjudication process. With the USCIS announcement on May 25, it appears the transfer of I-140 petition intake to the Lockbox will proceed despite the fact that Mr. Hiles stated it would be impossible for the Lockbox to scan the multitude of documents that accompany each petition. As with the I-485 applications, we can expect similar delays and problems as the Lockboxes process more I-140 petitions.
The Texas Service Center
Because we electronically file the majority of our I-140 petitions, our cases are adjudicated at the Texas Service Center, which comprises three different office buildings in the Dallas, Texas-area. As evident by its name, the Records Facility is the building that stores all petitions and applications that are sent to the TSC and are awaiting adjudication (this includes thousands of pre-adjudicated I-485 applications awaiting visa numbers due to retrogression). Employees at the TSC Records Facility are responsible for receiving all petitions/applications not filed at the Lockbox, for entering the petitions/applications into the USCIS database, for creating a USCIS Alien (“A”) file for all petitions/applications, and for issuing receipt notices. Files remain at the Record Facility until an Immigration Officer requests the file for adjudication, which is then sent to a TSC office building about 20 miles away. After adjudication, the file is returned to the Records Facility.
3. I-140 Processing and Excessive Documentation
For I-140 petitions, approved cases are held at the Records Facility for 60 days after the approval date. Denied cases are held for 90 days after the denial date. All denials are subject to supervisor review before they are issued. Denied cases remain at the TSC longer in anticipation of motions to reopen or appeals. If no further action is taken on a case after this time, the files are transferred to archive at the National Records Center. If a petitioner files Form I-290B to reopen or appeal a denied I-140, the file is returned to the original Immigration Officer at the TSC. The Immigration Officer will decide whether to reopen and approve the case, a process that takes about 45 days at the TSC. If the Immigration Officer does not grant the motion to reopen, the case will be forwarded to the Administrative Appeals Office (“AAO”) to continue with the appeal. Petitioners/beneficiaries should keep in mind that when an appeal of an I-140 denial is pending at the AAO, the TSC will hold all subsequently filed I-140s for the same classification and not adjudicate the case until the AAO has ruled on the appeal or until the TSC receives a notice from the AAO that the appeal has been withdrawn.
The supervisor of the employment-based I-140 petition again warned about excessive documentation and provided examples of cases. Many petitioners/beneficiaries have a misunderstanding regarding quantity versus quality and often assume that more documentation and a thicker file make for a better case. From our experience, and as reiterated by the officials at the TSC, this is a misguided perception that may actually be detrimental to the case. Presentation of the evidence is key, and supporting documents should be limited to the most important and pertinent documents and should be well organized. The TSC clearly stated that excessive documentation will result in the delayed adjudication of the petition because it will be set aside until two volunteer adjudicators have the time review the case, which can take many months. These types of cases also are more likely to receive Requests for Evidence and/or denials due to the lack of organization in the documents.
Of particular note, the TSC supervisor announced that adjudicators are awaiting guidance from USCIS Headquarters on the 9th Circuit’s ruling in Kazarian v. Holder. As of this time, the TSC will hold all EB-1A Notice of Intent to Deny (NOID) and denials until it receives guidance.
4. Questions about I-485 Processing
For I-485 applications, TSC officials clarified a question that is raised often by our clients: Should the Alien Number or A Number on the OPT Employment Authorization Document be used on the immigration forms? No. The EAD A# (usually begins with number “1”) is a temporary number that expires with the card. I-485 applicants should not put this number on their forms because this could possibly cause confusion and delay in adjudication. The only A# that should be included in I-485 and ancillary applications is the permanent A# (usually begins with number “0” or “2”.
Finally, after the I-485 application is approved, the TSC mails the permanent resident card aka “green card” directly to the immigrant’s address of record. If the card is returned as undeliverable, the TSC will hold the card for 6 months. The immigrant should contact USCIS customer service to update his/her address, and the TSC will mail the card to the new address. The TSC will destroy all cards that remain unclaimed after 6 months. After the card is destroyed, the immigrant would need to file Form I-90 to obtain a replacement card.
Thus, we remind clients to maintain an accurate address on file with USCIS at all times. Immigration law requires that you file Form AR-11 to update your address within 10 days of moving. Failure to comply with this provision can be a ground for removal.
Our firm strives to keep our clients up to date with new information that affects their immigration cases. Our attorneys believe that active involvement with the American Immigration Lawyers Association and attendance at meetings with USCIS officials are an important part of our work. By communicating with USCIS officials, raising concerns about problems, and receiving clarification regarding certain issues, we can represent our clients more effectively. We will continue to attend these important meetings with USCIS to keep you informed.
********************************************************************刘宗坤律师（Z. Zac Liu, Esq.），法学博士（J.D., Valparaiso University School of Law）、哲学博士(Ph.D., Peking University)，伊利诺伊州最高法院及联邦法院执照，曾担任Valparaiso University Law Review的编辑和审稿人， 著有中英文书籍多种，散见于中美各大学图书馆。执业以来，他已代理无数名来自世界各地的科研人员和专业人士成功获得绿卡及各类非移民签证，尤其在国家利益豁免（NIW）、特殊人才（Eb-1A）、杰出教授和研究员（EB-1B）、PERM 劳工证、H-1B工作签证等方面积累了丰富的经验。有兴趣提出申请的读者，可将简历发往[email protected]。刘律师会在两个工作日内对符合条件的申请做出免费评估。
白凯玲律师 (Kellie Pai, Esq.)，法学博士(J.D.，University of Houston Law Center)、文学学士(B.A., University of Texas at Austin)，德克萨斯州最高法院执照，联邦法院执照，刘宗坤联合律师事务所专业移民律师。
Christina T. Le 律师，法学博士(J.D.，University of Houston Law Center)、文学学士(B.A., Northwestern University)，德克萨斯州最高法院执照，联邦法院执照，曾任Department of Justice驻Houston移民法庭Attorney Advisor，现任刘宗坤联合律师事务所专业移民律师。
Sabrina Ong律师，法学博士 (J.D., Michigan State University College of Law)、文学学士 (B.A., Oklahoma State University)，密西根州最高法院执照，曾任Michigan State University Law Review编辑，密西根上诉法院Prehearing Research Attorney，现任刘宗坤律师事务所专业移民律师。
Liu & Associates, PLLCWells Fargo Tower, 8th Floor6161 Savoy Drive, Suite 830 Houston, Texas 77036Tel： (800) 878-1807(713) 974-3893 Fax: (866) 608-2766Email: [email protected]: www.niwus.com