Update on Concurrent Approval Process
1. I-485 Processing Times Vary
Regular MurthyDotCom and MURTHYBULLETIN readers are aware that, as of
April 30, 2004, the USCIS Service Centers changed the manner in which
they process concurrently filed I-140/I-485 cases. Essentially, in an
effort to increase efficiency, the I-140 petition and the I-485
application will be adjudicated concurrently if filed concurrently.
Previously, the two forms were adjudicated at the Service Centers on
separate tracks, at separate times, by different examiners or
adjudicators. More information on this new procedure is available in our
April 23, 2004 MURTHYBULLETIN article, "New Procedures for Concurrently
Filed I-140/I-485 Cases" <http://www.murthy.com/news/n_newpro.html>,
available on MurthyDotCom.
Recent Approvals at Our Law Firm
We at The Law Office of Sheela Murthy, P.C. have been closely watching
the approvals and transfers in our I-485 cases to discern any pattern or
change as a result of the new adjudication procedures. At this early
stage, less than a month after the changes were put into place, we can
see that something is happening, but hesitate to confirm that it is an
established pattern. The dates of the I-485 approvals have become far
more random and irregular than we previously experienced. Readers should
be mindful that we are reporting about only a handful of cases, and that
the ultimate outcome of the new procedures is still to be seen. These
examples are not meant to show reliable processing times. It is unlikely
that the National Customer Service Center (NCSC) will use anything other
than the USCIS reported "processing times"
<https://egov.immigration.gov/cris/jsps/index.jsp>, to determine whether
questions about the status of a case should be forwarded to someone
beyond the frontline responder at the NCSC.
Below, we outline the updates on the USCIS Service Centers in
alphabetical order:
California Service Center
The California Service Center (CSC) is part of both the new processing
procedures and a pilot program designed to speed adjudications. See our
April 9, 2002 article, "CSC Pilot Program on Concurrent Adjudications"
<http://www.murthy.com/news/n_cscpil.html>, available on MurthyDotCom.
We received an approval last week for a case that was filed almost a
year after the posted CSC processing dates. While the CSC reports a
current processing date for employment-based I-485s of March 1, 2002,
the approval we received in mid-May 2004 was for a case that was filed
in February 2003.
Nebraska Service Center
The most recent case approval we received from the Nebraska Service
Center was directly on target with their posted processing dates. The
case was approved on May 14, 2004 and had been filed in December 2001.
Texas Service Center
We have not seen any approvals from the Texas Service Center (TSC) that
seem to be out of the ordinary order. The action we are seeing on TSC
I-485 cases, however, follows a long period of almost total stagnation.
Recently we received a few Requests for Evidence (RFEs), which indicate
that the cases are being reviewed. The most recent approval we received
was dated May 3, 2004 for a case filed March 1, 2002. This is about two
months ahead of the published processing times of January 1, 2002.
Vermont Service Center
Our Vermont Service Center (VSC) cases are showing an impressive
movement. The most recent approval was issued on May 18, 2004, for a
case filed just one year earlier, on May 25, 2003. This is a significant
variance from the published times, which in recent months have reflected
a processing time of about 18 months. The published processing date when
this case was approved was February 15, 2002. Of course, there are I-485
cases that we filed before that date that remain yet been approved or
even scheduled for an interview at the local USCIS District Office.
In addition, several cases were transferred for interview at the local
office well in advance of the anticipated processing dates. The
transfers coincided with the I-140 approvals. In those cases, the I-485s
were only filed quite recently; about 6-8 months ago. The I-140s were
filed a bit before the I-485s in these cases.
Plan for Faster I-485 Approvals
These changes may indicate that, in the near future, we will notice
faster I-140/I-485 processing times. This is something that would be
enormously beneficial to many. What appears to be happening is that some
cases are being processed much more quickly than the published
processing times, while other cases are taking longer than the published
processing times.
Marriage and Faster I-485 Approvals
These recent developments are important to anyone planning important
life events, such as a marriage or a job change, around the slow green
card processing times. With respect to marriage, in order to have one's
spouse included as a derivative beneficiary in an employment-based green
card case, the marriage must occur before the I-485 is approved. In the
past, people often planned weddings around the official processing
timeframes provided by the USCIS. Now, with the processing times being
so uncertain, wedding dates may need to be moved up to avoid serious
delays or problems in bringing the new spouse to the U.S. on dependent
status.
Job Changes and Faster I-485 Approvals
Additionally, people often try to plan job changes and the use of AC21
portability around the processing times. They want to attempt changing
jobs after they become AC21 eligible, but before the I-485 is approved.
This option may become far less certain. If processing times improve
considerably, AC21 may not be available under law and may even become
unnecessary in most cases.
We will continue to monitor the progress of our I-485 cases at The Law
Office of Sheela Murthy and will report any interesting developments. On
the one hand, it is good news that cases may be processed faster in the
future. On the other hand, some people may find it frustrating that they
have waited so many years while others are getting their cases approved
more quickly. We understand that there will be a transition period for
this new system, but we expect that efforts will be made at USCIS to
work toward processing cases in the order of filing.
© The Law Office of Sheela Murthy, P.C.
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