Answers to the Questions addressed at Dallas District Office/AILA Liaison Meeting on March 24, 2010

Transcription

1 Answers to the Questions addressed at Dallas District Office/AILA Liaison Meeting on March 24, In Summer 2008, CIS approved an I-824 for one of my clients and cabled the US Embassy in Zimbabwe. Unfortunately, the National Visa Center needed to be notified. Now the post says they have no such information of an I-824 approval, NVC says they have nothing on the I-824 approval and I have been chasing this thing for over a year and a half. I have ed the Dallas DO many times and they have been very nice, but so far it is not resolved. Could Tracy verify the I- 824 procedures (when the derivative is overseas and when the Dallas DO does the approval)? Thank you. Answer: This particular issue has been resolved. The Dallas Field Office has contacted the region regarding the procedure to follow and will let AILA know. 2. What is the USCIS authority to require the client to consent to a lawyer withdrawing a G-28? In cases where there is conflict between the lawyer and the client, the State Bar rules preclude a lawyer from proceeding. Then what? Is this a local preference, a national directive, a preferred but not (yet) mandatory course of conduct? Answer: An attorney can withdraw representation as legal counsel at any time. Whithdrawal of a petition or application requires the client s signature. 3. I do not think it is appropriate for the USCIS Dallas District Office to ask for the signature of the petitioner or beneficiary in a withdrawal letter submitted by the Attorney. Under the rules we only need to notify the petitioner or beneficiary our intention to withdraw with sufficient time in advance and to submit our withdrawal request with such evidence that we notified the petitioner or the beneficiary as the case may be. I never submitted any withdrawal with the USCIS Dallas District Office. Just mentioning that this should be taken up with the District Director. What if an attorney wants to withdraw from a case for fraud or material misrepresentation or conflict of interest and the petitioner or the beneficiary is not willing to give their signature? Answer: Please see response to question #2. 4. Section 23.5(c)(4) of the Adjudicators Field Manual states that Alien who are grand fathered on the basis of a visa petition or LCA filed after January 14, 1998, and on or before April 30, 2001, must demonstrate physical presence in the U.S. on December 21, Only principal aliens must meet this requirement. Dependent aliens do not need to demonstrate physical presence on December 21, 2000, in order to use section 245(i) of the Act. Question: does USCIS have a

2 position on whether the dependent alien may adjust if the principal alien does not meet the physical presence on December 21, 2000? Answer: The DFO will follow section 203(d) and 8 CFR to determine eligibility. 5. I had received a denial for failure to respond to an RFE which I had timely responded to. I immediately did a Motion to Reopen based on Service error which included my FedEx proof of delivery to the Dallas Field Office and a copy of the original document I had previously submitted. As it was Service error I requested the fee be waived and the Service, sua sponte reopen the matter. I have yet to hear from them and the 30 days to send in a Motion will be up soon. How can I contact the Dallas Office to find out if they will reopen it without fee before the deadline? Naturally, I wish to save my client the $ filing fee. Answer: Please make an infopass appointment to find out about client s case. 6. Will the Dallas District Office be following DHS s policy that victims of domestic violence in their home countries may be eligible for asylum if they meet the criteria laid out by DHS in the amicus brief in Matter of L.R. last April? Answer: This question should be submitted to the asylum office or headquarters. 7. Is an alternate location going to be used, even temporarily, for consulate processing in Juarez. We have had numerous people assaulted and threatened on the streets on the way to or from the consulate office. One family cancelled their appointment after being assaulted on the way there and the Consulate office rewarded them with a 3 month delay in rescheduling their appointment. Given the deaths over the weekend, I would hope there are other actions taken other than I am shocked by the President and Clinton. Answer: The Dallas Field Office has forwarded this question to the region for a response. 8. Can a person derive 245i protection as a derivative under the F4 category through her/his mother s I-130 (the beneficiary is the person s mother and the petitioner is the USC brother who petitioned only for the mother)? Answer: Additional information is needed before the Dallas Field Office can respond to the question. Were the kids listed on the I-130? Were they under 21 years of age? 9. LPR client says he has been told by USCIS that for emergency travel all he needs to do is file I-90 online, print receipt and go to an Infopass appointment with I-90 receipt and passport. Will USCIS provide an I-551 stamp for urgent travel pending I-90 adjudication even if biometrics have not been done, or must the LPR at least stay in the US long enough to do biometrics?

3 Answer: The DFO will provide an I-551 stamp for 90 days even without the biometrics having been completed. 10. If LPR does not have a passport from his country of citizenship due to problems or delays obtaining a passport, will USCIS provide an I-551 stamp in a US issued travel document/re-entry permit issued to an LPR (who in this case is not an asylee or refugee)? Answer: What happened to the resident alien card? If a stamp is needed, you must explain why to the ISO. 11. Is there any explanation for why an N-400 application might be scheduled for more than one interview and then de-scheduled for both? Can you shed any light on this process or explain whether this is very common? Answer: This is not common. Please provide written inquiry with case specifics through the inquiry system. 12. I have a question for the Dallas Field Office on policy regarding the interpretation of 245(i). Previous guidance appears clear on the Service interpretation of approvable when filed relative to 245(i). It appears that the Dallas Field Office is applying a much more restrictive interpretation of that provision. Please inquire as to whether there is any new guidance or to explain the legal basis for the current restrictive DFO application of approvable when filed. Answer: Process is being reviewed. Waiting on an opinion from counsel. 13. Client s spouse filed an I-130 and I-485 concurrently on April 20, 2001, but the entire package was rejected, including the I-130 petition, because the applicant did not include the filing fees for the I-485. Client decided to not re-file because of money issues. Client and his spouse now are ready to file, but he will need 245(i) coverage because he last entered without inspection. The originally filed I- 130 was properly filed and stamped, although it was later rejected along with the I-485. The I-130 was approvable when filed. Will the DDO consider the I-130 as a grandfathered filing for section 245(i) purposes, if it was properly filed and approvable when filed-albeit rejected? It is our position that it does because the I- 130 met the requirements of proper filing, and only the I-485 was improperly filed because of insufficient fees. Answer: The rejection notice will need to be carefully reviewed. 14. The adjustment interviews are moving so fast now with about a 3 month turn around and thank you for that. However, is there anyway the pending I-130s (for those in removal proceedings) can be scheduled a little faster. These are taking over a year after transfer to the district office. We were always told that first

4 come first service prevented these cases from getting any priority. However, they are in line before the AOS cases, but are not being scheduled as such. Answer: Changes to scheduling process has been made. DFO has met with Paul Hunker to discuss issue. 15. If an I-485 was pending at the Dallas Field Office based upon a pending I-130 (following an interview appointment in Dallas), then the couple separates because the husband is abusive, an I-360 VAWA is filed and approved, the Dallas Field Office says the file is at the NBC. What would be the procedure to request the interview be scheduled for the adjustment based upon that approved I-360? I ed Dallas DO and was told to contact NBC, but I have never had to contact NBC when an I-360 VAWA was approved. I will contact NBC (who will promptly ignore me, you know), but I am just curious what the process is. Thank you. Answer: All scheduling is done through the NBC. Timetable should be less than 6 months. Other Matters: 1. Customer service is a big deal to USCIS. Can provide feedback at teleconferences with stakeholders. 2. I-601 petitions are filed with the Lock Box and not the DFO. Check website for process. 3. Orphan petitions are being processed at the NBC. 4. Make sure client s correct address is on applications and petitions. Very important with respect to jurisdiction. 5. Do not hand an I-72 or N-14 response to officer or supervisor unless specifically requested to do so. Please go through normal channels. 6. The latest time to drop off fees at the DFO is 2:00 PM.

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