EXPEDITE
Originally posted by dengdeng
This is negative side of contacting senators, but this was in 1997, things could change after that
http://www.rreeves.com/pub_082.htm
dengdeng,
I thought you were collecting stories instead. Very interesting research that shows both sides of the issue. It may hurt, it may help, or just do nothing. If it helps, it may expedite one's case based on a VALID arguement. In our case, we just do not care if we do it as a media campaign, to let Congress act on something. For individual contacts, frankly is an open question.
However, if somebody has an issue, one can request EXPEDITE through other means, not Congress. It would be very interesting to get somebody's story based on the VSC EXPEDITE PROCEDURE. The following is from "Murthy".
Criteria for Expediting Cases with INS
Most of the Service Centers of the INS have, from time to time, enunciated
their criteria to accept certain cases for expedited treatment. From time to
time, our U.S. employer clients and individuals request us to prod the INS
to approve cases on an expedited basis because of certain pressing needs.
Since the amount of time and resources spent on determining and
adjudicating cases for expedited decisions are higher than allowing the
case to be processed in the standard time frame as detailed from time to
time by the INS and posted by the Law Office of Sheela Murthy, such
requests are strongly discouraged by the INS and should be used sparingly
by the U.S. employer or the affected foreign national.
Recently, the Vermont Service Center of INS has indicated the criteria it
uses in expediting cases. The criteria vary slightly from one INS Service
Center to another, but are basically similar in all INS Service Centers.
The VSC will consider expediting a case in the following situations :
a) an urgent humanitarian situation, for example when the beneficiary of a
relative petition is a minor child lacking adequate supervision;
b) a sudden emergency which is not the petitioner's fault, for example when
a member of a musical group falls ill and an immediate visa is needed for a
replacement;
c) when severe harm or loss would result from not deciding a petition within
a particular time, and there is no other remedy possible (most companies
could argue this point but the threshold appears to be higher to satisfy in
this situation);
d) when an error by INS has caused a delay; or
e) other factors, for example a child being about to turn 21 years of age
(age out cases).
One expedite issue on which Service Centers appear to vary is the 6 year
limit on H-1Bs. In a liaison meeting with AILA, the Nebraska Service Center
has said recently that a beneficiary reaching the 6-year limit on stay is not
a basis for expediting an I-140 Immigrant Visa Petition. In contrast, at VSC
such a situation has a chance of being considered, on a case-by-case
basis, under the "other factors" category, above. Approval of an expedite
may not be guaranteed in this situation, but at least it will be considered,
especially if the employer can also show the likelihood of severe harm or
financial loss if the case is not expedited (see factor c above).
VSC on its Expedite Policy
Many visitors to the MurthyForum and MurthyDotCom ask whether
anything can be done to speed up the processing of their cases. Usually,
expedited processing is only available in limited circumstances. Generally,
expedites are not available on those cases for which the Premium
Processing Program (PPP) is available, unless involving a nonprofit
employer.
The Vermont Service Center (VSC) issued its guidance regarding expedite
requests on July 8, 2003. This information was published in the
MurthyBulletin at the time. See, our October 27, 1999 article, Criteria for
Expediting Cases with INS, archived on MurthyDotCom, as an example.
This information is the most recent policy of VSC on expedited processing.
Before VSC will consider a request for expeditious handling, there must be
extreme extenuating circumstances creating a hardship to the petitioner or
applicant. As mentioned, if PPP is available, VSC takes the position that a
conversion to Premium Processing should be made instead.
The following limited criterion has been established by VSC. These criteria
are similar to those of the other Regional Service Centers:
humanitarian situation, such as a U.S. citizen or Lawful Permanent
Resident who petitions for a relative who is requiring medical
treatment;
extreme emergent or unforeseen circumstances, such as a
nonimmigrant petition for a musician who is suddenly stricken ill and
needs to be replaced;
severe financial loss to a company or individual, if the loss will be to
a U.S. entity and no other remedy exists;
a Service error that has delayed processing or the receipt of a lawful
benefit;
Department of Defense or National Interest situation, which must
originate from an official U.S. governmental entity;
nonprofit status of the requesting organization, where cultural and
social interests of the United States would be furthered; and
compelling interest of the Service.
If an applicant, beneficiary, or petitioner meets one of the above criteria,
s/he should consult an immigration attorney to determine whether an
expedite request would be appropriate. Then submit the request with the
underlying documentation to the VSC and, if they accept the case for
expedited processing, the case will be assigned to an immigration officer
for handling instead of waiting for the normal processing timeframes. Since
expedites are in the discretion of the particular Service Center, they are
used sparingly, so it is best not to expect the expedited request to be
approved when anticipating a decision on a case.