Peter_102001
Registered Users (C)
Expect Delays in Processing Due to Security Checks
The Vermont Service Center (VSC) advised the American
Immigration Lawyers Association that all files must now undergo security
checks. We presume that the process described by VSC is part of
a nationwide policy, though the VSC is the first Service Center
to address the issue specifically.
The security checks affect every type of case filing except
N-400 Naturalization Applications. Even Employment Authorization
Documents for F-1 practical training will be delayed somewhat
due to the checks. The VSC stated that the greatest delays would
be with I-130 petitions for relatives. Marriage-based cases in
which fraud is suspected will also receive a lower priority in
processing and will be delayed.
The current estimated delay is at least one month in final
adjudication and transmission of approval notices. There is no
delay in processing of Requests for Evidence (RFEs).
Premium processing cases for employment-based non-immigrants
will continue to be adjudicated within 15 days. However, if the
security check results in a "hit" (i.e. an indication that
further investigation is needed), the case will be transferred for
investigation and the 15-day "clock" will stop, pending the
investigation.
If the INS stops counting days while the investigation is
pending, then it appears that they intend to keep the $1,000 even
though the case may take significant time for processing beyond
15 calendar days. To the extent that the "hits" may result from
name similarities and antiquated INS databases and technology,
it would not be fair for the INS to retain the $1,000 fee while
it sorts out information. Although the need for security checks
and support for the INS\' efforts to locate persons who threaten
to our country is understandable, the question remains whether
it is fair for INS to keep the $1,000 for expedited processing
when they cannot provide that expedited service for which they
were paid.
In light of the anticipated delays, we recommend that our
readers take all necessary steps to file their cases as early as
possible. This is particularly important for who need approvals in
order to work. Those requesting extensions of work
authorization should allow at least an additional month to assure that
their work authorization does not expire prior to renewal. Students
graduating in May or June need to request their Optional
Practical Training (OPT) without delay. Those students who obtained
OPT last year and intend to change to H1B status must have their
employers file the H1B case promptly in order to avoid a lapse
in permission to work.
On a more positive note, the additional delay may serve to
increase the number of persons eligible for "portability" based on
the processing of I-485 (Application for Adjustment of Status)
having exceeding 180 days.
Note that, contrary to rumors, INS has NOT stopped issuing
I-485 approvals. Furthermore, since I-485 processing times have
decreased significantly at all Service Centers over the past year,
an additional month for a security check may not have a very
noticeable effect on the overall processing time.
The Vermont Service Center (VSC) advised the American
Immigration Lawyers Association that all files must now undergo security
checks. We presume that the process described by VSC is part of
a nationwide policy, though the VSC is the first Service Center
to address the issue specifically.
The security checks affect every type of case filing except
N-400 Naturalization Applications. Even Employment Authorization
Documents for F-1 practical training will be delayed somewhat
due to the checks. The VSC stated that the greatest delays would
be with I-130 petitions for relatives. Marriage-based cases in
which fraud is suspected will also receive a lower priority in
processing and will be delayed.
The current estimated delay is at least one month in final
adjudication and transmission of approval notices. There is no
delay in processing of Requests for Evidence (RFEs).
Premium processing cases for employment-based non-immigrants
will continue to be adjudicated within 15 days. However, if the
security check results in a "hit" (i.e. an indication that
further investigation is needed), the case will be transferred for
investigation and the 15-day "clock" will stop, pending the
investigation.
If the INS stops counting days while the investigation is
pending, then it appears that they intend to keep the $1,000 even
though the case may take significant time for processing beyond
15 calendar days. To the extent that the "hits" may result from
name similarities and antiquated INS databases and technology,
it would not be fair for the INS to retain the $1,000 fee while
it sorts out information. Although the need for security checks
and support for the INS\' efforts to locate persons who threaten
to our country is understandable, the question remains whether
it is fair for INS to keep the $1,000 for expedited processing
when they cannot provide that expedited service for which they
were paid.
In light of the anticipated delays, we recommend that our
readers take all necessary steps to file their cases as early as
possible. This is particularly important for who need approvals in
order to work. Those requesting extensions of work
authorization should allow at least an additional month to assure that
their work authorization does not expire prior to renewal. Students
graduating in May or June need to request their Optional
Practical Training (OPT) without delay. Those students who obtained
OPT last year and intend to change to H1B status must have their
employers file the H1B case promptly in order to avoid a lapse
in permission to work.
On a more positive note, the additional delay may serve to
increase the number of persons eligible for "portability" based on
the processing of I-485 (Application for Adjustment of Status)
having exceeding 180 days.
Note that, contrary to rumors, INS has NOT stopped issuing
I-485 approvals. Furthermore, since I-485 processing times have
decreased significantly at all Service Centers over the past year,
an additional month for a security check may not have a very
noticeable effect on the overall processing time.