JUNE 2004 - Backlog Reduction Plan

[Mo]

We understand that the USCIS may announce its backlog reduction plan in June 2004. We hope to see in the plan some creative proposals to reduce the backend process as we see in the Pilot Concurrent Adjudication Programs in California Service Center and Dallas District Office.

This is good oppertunity for the USCIS to quit hiding away from their TRUE responsibilities. One way or another, something has to be done to overcome immigration failures in the past 5 years.

[Mo]

We understand that the USCIS may announce its backlog reduction plan in June 2004. We hope to see in the plan some creative proposals to reduce the backend process as we see in the Pilot Concurrent Adjudication Programs in California Service Center and Dallas District Office.

This is good oppertunity for the USCIS to quit hiding away from their TRUE responsibilities. One way or another, something has to be done to overcome immigration failures in the past 5 years.

[Drello]

What about the pending I-485 through asylum??? It's going to be treated the same way???

[BronzeLady]

HQ CIS can make all of the "plans" that they want. Until they step up to the plate and hire permanent personnel (not terms that stay for a couple of years) and reduce their completion goal it is not going to happen. You can't tell offices that 1) you aren't getting additional bodies 2) you are still required to interview cases at the same or higher numbers than before 3) there is no overtime 4) you must reduce the backlog. Many other people have had "plans" with just as much support before too.

[4now]

Hey Bronzy Lady

grabbed this quote from another thread. Do you know if there is any truth on this at TSC?



".....Also the Texas Service Center is now starting a new Pilot Program where you fill in your applications and have your interview the same day. According to my Attorney it started about the same time that I had my interview. "

It just seems interesting approach b/c it would appear to make it easier for "sham marriages" to succeed.

[Mo]

4now

Dallas has only one Pilot program - which is the 90 days program to get an AOS done. Maybe your quote is part of that program - which maybe to do with the applicant getting an interview date at the day of filing AOS through the Pilot program.

Unless there is more to it, I doubt the USICS (quite fankly) would run a new Pilot program without an official announcement.

[Mo]

Update :

Source: The Oh Law Firm

Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ

As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:

In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.

For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.

Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.

When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.

Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.