CSC LIAISON NOTES
Several major changes were announced at the
CSC open liaison meeting held May 23, 2000. The complete
minutes will be posted in the near future. In the meantime,
following are some of the more critical changes:
CSC Changes Policy on
Denials
The INS California Service Center has announced that it is discontinuing its recent practice of directly denying petitions. Instead, if the CSC thinks that a case is deniable but the ground for denial might be overcome, it will issue a Request for Evidence. If it does not believe that the ground for denial can be overcome, it will issue a Notice of Intent to Deny. A case will be directly denied only if it is “statutorily deniable.”
This change is the result of a long-term
campaign by AILA’s CSC Liaison Committee, in combination
with AILA’s INS Headquarters liaison, to urge reversal of
the CSC practice of denying cases without offering an opportunity
to rebut. AILA Liaison wishes to monitor CSC’s
compliance with this policy change. Therefore, members who
hereafter receive denials without an RFE or Notice of Intent to
Deny are asked to send copies to Crystal Williams at the AILA
national office, fax number (202) 371-9449.
CSC Will Expedite I-140s
With Aging Out Dependents
Bringing its policy in line with the other three Service Centers, the CSC has agreed to expedite I-140s where there is a dependent who is aging out and the principal’s priority date is current. The expedite request should be made at the point at which the dependent is 6 months away from aging out. At this time, expedite requests will be entertained where the dependent is in the range of 2 to 6 months from aging out. The CSC believes that it is unlikely that the process can be completed in time where the dependent will age out in less than 6 months.
For I-140s already pending at the CSC with a dependent within 2 to 6 months of aging out, fax an expedite request, along with a copy of evidence of the dependent’s relationship with the principal and evidence of the approaching 21st birthday, to the INS at (949) 389-3197. After June 15, 2000 use the fax number (949) 389-3055 (this number will not be operative until June 15).
Age-out I-140s NOT already pending should be filed with CSC using the usual expedite procedures. Enclose a copy of evidence of the dependent’s relationship with the principal and evidence of the approaching 21st birthday. This process can be used where the dependent is within 8 months or less of aging out. However, if the dependent is more than 6 months from aging out at the time of filing, you should fax another expedite request at the 6-month point in the manner discussed above if you have not yet heard back on the initial expedite request by that time.
If you do not receive action from your I-140 expedite request, it is not necessary to go through the 3-tier fax inquiry system. Instead, after the first request, you can request the assistance of AILA’s CSC Liaison Committee by sending a request to the AILA national office, attention: Liaison, at fax number (202) 371-9449.
I-485 Processing
CSC has resumed processing of I-485s. It is giving first priority to cases with unexpired fingerprints, particularly those with fingerprints that will be expiring within 90 days. (If you have any cases with fingerprints expiring in 90 days, please fax the names, WAC numbers and dates the fingerprints are expected to expire to (202) 371-9449, attn: Liaison, so that the CSC Liaison Committee can bring them to the CSC’s immediate attention). Because of this approach, many AILA members are seeing approvals on newer cases while much older cases have received no action.
CSC appears to be encouraging inquiries on I-485 cases in which the applicant’s address has changed since the application was filed and CSC has not been notified of the change (note that a new address provided with an EAD or advance parole request would not have been treated as an address change for the I-485), and where one or more family member has been approved but there has been no action on other(s) in the family. Fax such inquiries to CSC at (949) 389-3484.
I-140 Processing
CSC is currently following a “processing by type” approach, whereby designated months are devoted to processing particular types of I-140s. EB-11s and EB-12s will be processed in June, EB2-1s in July, EB1-3s in August, and EB2-1s in September. EB-3s are being processed all along, with 5 of the unit’s 23 officers devoted to that I-140 type.
Os, Ps and Qs
These I-129 types will no longer go straight to adjudicators. Instead, they will be treated the same as other I-129s and be placed on the JIT shelf for processing in order, unless an expedite is requested and approved. CSC hopes to continue to process these quickly, understanding it commitment to the entertainment industry to process these types expeditiously. CSC asks that the cover documents for Os, Ps and Qs state prominently the “drop dead” date when an adjudication is needed, and reasons for that date, including taking into account the time the consul will take to process.
H Rejections
The CSC is now aware of the errors made in the mailroom in rejecting cap and non-cap cases that were properly filed. Rejected cases should be resubmitted.
Successorship Cases
CSC now feels that it must back away from its recent policy of allowing interfiling of documentation of a successorship while an I-485 based on an I-140 is pending. Interfiling may still be attempted, particularly in straightforward cases, but may be rejected and an amended I-140 filing be required.
Changing Adjustments to Consular Processing
On those I-140s where you requested consular processing, but the CSC instead held the case for adjustment, it is no longer necessary to file an I-824. Instead, fax a request to CSC Division IV at (949) 389-3484.