Key Responses from Adjudicatio

Key Responses from Adjudications Manager from the Vermont Service Center By: Nicole C. Dillard, Esq. 在2006年2月21日與美國律師協會的會議上，Mr. Keith Canney (Adjudication Manager of the USCIS Vermont Service Center) 對有關I-140， I-485申請等問題作出一些解答。以下為當天會議的部分內容。 In a meeting held yesterday, February 21, 2006, Keith Canney, Adjudication Manager of the USCIS Vermont Service Center, met with the Washington D.C. chapter of the American Immigration Lawyer’s Association. During this meeting, Mr. Canney responded to many questions posed by members of the DC Chapter regarding processing cases through the Vermont Service Center. The following is a summary of questions asked and Mr. Canney’s response. 1. Can dependents file I-485 (Applications to adjust status), if the principal applicant has already filed, despite the fact that the visa numbers have retrogressed? No, in order to apply for an I-485, a visa number must be immediately available. At this time, in certain categories and for certain foreign nationals, a person cannot apply until the priority date is current. 2. What are the best documents to submit if a beneficiary is trying to recapture any and all days spent outside of the United States for the purpose of recapturing time in order to calculate the maximum time allowed under H and L visa status? The best evidence to submit are the passports stamps, I-94s (including any past I-94s if you have them). The attorneys (if the petition is being submitted by an attorney) should make the best case possible by providing a summary of the dates that the alien was out of the United States. The summary will serve as a road map to navigating the stamps on the passport. 3. What happens if an approval notice was not received by the attorney or petitioner and a change of address form (AR-11) had been submitted in addition to notification had been given to the customer service number? Must the applicant file for a new approval notice by filing the I-824 (and pay the filing fee)? The I-824 is always required, even if the address that is in the USCIS’ system is correct, but it was delivered to the wrong person (attorney or beneficiary). If the documents are returned to the USCIS, they will double check the national customer service address update screen, check the AR-11 screen and client files to make sure that there have not been any recent changes to the address. 4. In some cases, approval notices that have been approved by the USCIS, are being returned to the Vermont Service Center by the Consulates abroad for readjudication and possibly revocation. In those instances, what steps does the Vermont Service Center take in reviewing those cases? I-130 cases that are returned to the Vermont Service Center are backlogged. I-140, I-120, and I-360 based petitions are processed rather quickly. Regarding the Immigrant Visa petitions that are being returned, the Department of State will first review the case before returning it to the Vermont Service Center to determine whether there is enough information from consulate as to why they are returning it for readjudication. If there is not enough information, the Department of State will return the petition to the consulate requesting a memorandum as to why it needs to be reviewed again. Once received, the Vermont Service Center will return the case to the original officer, if possible, for her to weigh the evidence in order to determine whether revocation is warranted or whether to reaffirm the approval. 5. What types of security checks are occurring and how long are they taking? There are different types of security checks that occur for different types of cases. For I-485 cases, there is the FBI name and date of birth check For I-140 cases, there is an IBIS check, where the applicants name will be run through the system to detect any criminal hits on the applicant. If there is a “hit” they will determined whether there is a need for further review, especially if there is a hit for aggravated felony, terrorism connection, threat to public safety. If necessary, the USCIS may seek assistance from another agency. 6. What happens if the Vermont Service Center looses or misplaces a petition? In the event that the Vermont Service Center loses or misplaces a petition package and they issue a request to send a duplicate filing, the new filing will be issued a different receipt notice with a different number from the initial filing. 7. What type of inquiries can we fax to the Vermont Service Center? The types of requests which can be faxed to the Vermont Service Center are revocation and withdrawal requests and expedite requests. The one thing to note about an expedite requests is that only those cases that are truly with reason (ie. Emergency) should request an expedited response. Applicants must realize the number of resources it takes to actually get an application or petition adjudicated under an expedited requests; therefore, this service should not be abused. 8. In substitution cases, how long does it take for the Vermont Service Center to request a duplicate Labor Certification Application. At what point does the Vermont Service Center send a follow up to the Department of Labor when the duplicate has yet to be received? The Vermont Service Center will not request the duplicate Labor Certification Application until the case is being adjudicated by an officer. Generally, the adjudicator will send a fax to the Department of Labor and then wait for them to get back to them. The Vermont Service Center will send a notice to the attorney and/or petitioner informing them of the duplicate notice request because it will be reported on the online case status system as a Request for Evidence (RFE) (although it is not really an RFE). 9. Cross chargeability—how are these cases being handled with regards to the visa priority dates? The Vermont Service Center described the process in which they conduct sweeps to determine what pending applications to adjust status are able to be adjudicated based on their priority dates. Mr. Canney stated that every month, when the visa bulletin is released from the Department of State, the Vermont Service Center will do a “sweep” of their pending cases to determine which ones can now be adjudicated. Unfortunately, the system peruses the pending files of the primary applicants. Thus, any cases where the derivative beneficiary is from a country that is not otherwise subject to the visa retrogression, they have yet to account for a way to “sweep” the system for those derivative nationals. Mr. Canney reports that they will find a way to account for the derivative spouse’s nationality in the monthly “sweep.” 10. Where do you file an Employment Authorization Document (I-765) renewal if the case has been transferred to the local district office? If the Vermont Service Center originally had jurisdiction over the case, you can send the I-765 renewal to the Vermont Service Center. The Vermont Service Center will either adjudicate the application, or they will transfer it to the local district office as necessary. These are just some of the highlights from the meeting from the Washington DC Chapter meeting with Keith Canney, Adjudications Manager of the USCIS Vermont Service Center. The Law Offices of Fan, Fitzpatrick and Thompson, LLP will continue to keep you abreast of any other information that is pertinent your immigration needs. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]