Ganesh Ranganathan
Member
If this happens to 485’s I am sure the processing will be paralyzed for several weeks/months before they get on track.
From immigration-law.com
05/06/2003: New Chapter of Green Card Application Processing: Centralization
· Currently, I-485 application with the ancillary applications such as I-765 EAD application and I-131 advance parole for employment-based immigration is regionalized into the four Service Centers (California, Nebraska, Texas, and Vermont) and no in-person filing is available. Accordingly, there is no direct human interaction between the government agency and the applicants. Everything is handled by mail.
· Until now, the family-based I-485 application with the ancillary applications (I-765 and I-131) is filed with the BCIS district offices in the local areas. In most cases, the applications are filed in person rather than by mail. The current system allows the human interaction between the agency and the applicants. Soon this system will disappear.
· BCIS will eliminate the direct in-person filing system and require the family-based green card applications to be filed by mail only. These applications will be filed not with the local district offices but with the Missouri Service Center which will soon be renamed as National Benefits Center (NBC).
· One benefit of centralization of family-based green card applications and ancillary applications is realization of uniformity in the processing times and removal of inconsistent local practices, leading to achievement of some level of fairness and consistency among the applicants living in 50 different states. As people know, currently there is a huge discrepancy in the local district practices and processing times. Along with this benefit will come disappearance of long waiting line of people in the local district offices. Currently people have to wait in the freezing cold outside the building in some areas. Even if they are successful in getting into the building, they are required to sit and wait for hours to file applications.
· One drawback of centralization is unavailability of immediate issuance of EAD and Advance Parole at the time of filing at the local district offices. Without doubt, BCIS may arrange issuance of such documents at local district offices in "emergency" cases, but generally the same day issuance of EAD and Advance Parole will disappear and these applications will take time to be processed and adjudicated by the NBC.
· The new procedure will also bring a substantial change in immigration law practice for the immigration lawyers. Along with the centralization of the family-based green card applications will come nationalization of such immigration law practice just like employment-based immigration law practice. In the employment-based immigration law practice, launch of PERM program will gradually remove involvement of the state agencies and processing of the labor certification will be completely centralized removing the current local or regional variations and differences. Since there will no longer be the need for understanding of the local practice in the labor certification proceedings, the location of the legal counsel will become totally irrelevant. Even though there will be some difference in the family-based immigration, the centralization of the family-based green card application processing will tear down the local and regional barriers in the immigration law practice and the location of the legal counsel will become not relevant. Consequently, the local practice will be narrowed to the legal proceedings related to immigration enforcement proceedings, such as problem that arises from immigration inspection process, criminal investigation of immigration violators, illegal alien removal proceedings, immigration court proceedings, etc.
· The timeline of the new procedure is known to be around June 2003. The new chapter of immigration law practice in immigration history is about to open and we look forward to the new challenge ahead.
From immigration-law.com
05/06/2003: New Chapter of Green Card Application Processing: Centralization
· Currently, I-485 application with the ancillary applications such as I-765 EAD application and I-131 advance parole for employment-based immigration is regionalized into the four Service Centers (California, Nebraska, Texas, and Vermont) and no in-person filing is available. Accordingly, there is no direct human interaction between the government agency and the applicants. Everything is handled by mail.
· Until now, the family-based I-485 application with the ancillary applications (I-765 and I-131) is filed with the BCIS district offices in the local areas. In most cases, the applications are filed in person rather than by mail. The current system allows the human interaction between the agency and the applicants. Soon this system will disappear.
· BCIS will eliminate the direct in-person filing system and require the family-based green card applications to be filed by mail only. These applications will be filed not with the local district offices but with the Missouri Service Center which will soon be renamed as National Benefits Center (NBC).
· One benefit of centralization of family-based green card applications and ancillary applications is realization of uniformity in the processing times and removal of inconsistent local practices, leading to achievement of some level of fairness and consistency among the applicants living in 50 different states. As people know, currently there is a huge discrepancy in the local district practices and processing times. Along with this benefit will come disappearance of long waiting line of people in the local district offices. Currently people have to wait in the freezing cold outside the building in some areas. Even if they are successful in getting into the building, they are required to sit and wait for hours to file applications.
· One drawback of centralization is unavailability of immediate issuance of EAD and Advance Parole at the time of filing at the local district offices. Without doubt, BCIS may arrange issuance of such documents at local district offices in "emergency" cases, but generally the same day issuance of EAD and Advance Parole will disappear and these applications will take time to be processed and adjudicated by the NBC.
· The new procedure will also bring a substantial change in immigration law practice for the immigration lawyers. Along with the centralization of the family-based green card applications will come nationalization of such immigration law practice just like employment-based immigration law practice. In the employment-based immigration law practice, launch of PERM program will gradually remove involvement of the state agencies and processing of the labor certification will be completely centralized removing the current local or regional variations and differences. Since there will no longer be the need for understanding of the local practice in the labor certification proceedings, the location of the legal counsel will become totally irrelevant. Even though there will be some difference in the family-based immigration, the centralization of the family-based green card application processing will tear down the local and regional barriers in the immigration law practice and the location of the legal counsel will become not relevant. Consequently, the local practice will be narrowed to the legal proceedings related to immigration enforcement proceedings, such as problem that arises from immigration inspection process, criminal investigation of immigration violators, illegal alien removal proceedings, immigration court proceedings, etc.
· The timeline of the new procedure is known to be around June 2003. The new chapter of immigration law practice in immigration history is about to open and we look forward to the new challenge ahead.