Questions addressed at Dallas District Office/AILA Liaison Meeting on May 13, 2009

Transcription

1 Questions addressed at Dallas District Office/AILA Liaison Meeting on May 13, I have a USC I-130 petitioner whose Pakistani parents were admitted as visitors in 1998 and want to adjust. The father is age 61 today and did not register during the NSEERS call up period. At one time, I thought Dallas policy was to register an adjustment applicant at the interview before adjudicating the I-485. Later, I thought applicants were being referred to ICE to decide whether to register the applicant or alternatively issue an NTA (with or without detention). Is there a current Dallas policy regarding adjustment applicants who did not register NSEERS? Answer: The individual will be referred to ICE for NSEERS registration. The referral will most probably come from the Service Center. Alternatively, the Dallas Field Office can make the referral or the individual can make a request for a referral by scheduling an Infopass appointment. 2. What is the Dallas District Office policy regarding good moral character and Naturalization eligibility. Does the Dallas District Office consider the 5 year good moral character to start from the date of the offense or from the date that probation is completed? Answer: Date of offense should control, but the Dallas Field Office will consider the totality of the circumstances in determining good moral character. 3. My take on the new file distribution system (i.e. central distribution rather than stacks for each officer) is simply not working. I am consistently called from one to two hours after the appointed time. When the Dallas District Office was using the stack system the officers frequently reviewed the cases the evening before or morning of the appointment and were, therefore, mostly ready to roll. And, they had a list of their appointments on the top of their desk to look at each time they sat down. I think that gave them a certain sense of urgency to keep up with the appointments. With the centralized distribution system, there seems to be no sense of urgency. Thus, even when the appointments lag behind by one or two hours (a fairly frequent occurrence with the new system (today I was called for an 8:00 8:55, a 9:35 10:40, and a 10:45 12:55)) apparently no one notices, the waiting rooms fill up, security has to allow people up in batches because of a lack of seating, etc. On nearly every other front, I think the Dallas District Office innovations have been good. Personally, I don t think this innovation has been a good one. Will the Dallas District Office consider changing back to the stack system?

2 Answer: The Dallas Field Office is still trying to make the central distribution system work. Supervisors are checking with the officers to make sure interviews are being conducted in a timely manner. 4. In determining CSPA eligibility your officers consult a website or some such. Can you provide us the formula that you use so we can use the same one because there are several out there floating around and it would be good to have the same one you use? Answer: No. The Dallas Field Office cannot share an internal tool. 5. Do you have access to entry records of ports of entry? Client can t prove legal entry but claims his print(s) were taken by officials at Miami airport when he entered. Anyway of finding that data? Answer: No. An I-102 can be filed at the Service Center. US Visit may also have that information. 6. Sometimes the officers call clients early before the scheduled time, and the attorney has not arrived yet. Is it possible for the officers to allow the clients to wait for their attorney (assuming that the attorney is not late)? Answer: Yes. The client should tell the CIS assistant that he is waiting for his attorney. 7. I am writing because I received today a denial of an I-485 from the DDO and together with the denial an NTA. The NTA does not have a date set. We intend to appeal the denial ASAP, but I wonder what will happen with the NTA. I did see a few s on the same issue and I wonder what is being done about that. Answer: The Dallas Field Office will continue to send out Denials and NTAs together. A Motion to Reopen and Reconsider can be filed. There is usually a delay between the time the NTA is sent to the applicant and/or attorney and filed with court. 8. It seems that during the past 2 to 3 months, none of the officers actually ever places an approval stamp on an I-130/I-485 at the time of the interview. They have all taken to saying you will receive a decision in the mail. It seems to me that if the officer knows the decision at the time of the interview, it would be more efficient and kinder to tell the folks and use the stamp. Has there been a change in policy? Answer: No. All I-130 and I-485s handled by our newer officers will be reviewed before case can be approved. 9. I have several detained cases where the I-130 s were filed while my clients were in proceedings? Are these automatically transferred to the field office for

3 adjudication? The reason I ask is because I have some clients that are not transferred and have their I-130 s approved in two or three months and others that have been transferred and are pending 8-10 months. Also we are checking that they are in proceedings in both cases. Why the difference? Answer: No, not unless the petition admits the beneficiary is in proceedings. Specific examples can be ed to the Dallas Field Office. 10. I have a client who was a derivative beneficiary on a 245i petition filed after The petition was filed for his father who was present as required by law. My client was not present in the United States in December of 2000 but entered later in My client the son is now married to a United States citizen. Does the Dallas District Office require he have been present in December of 2000 or do they interpret as I do (a) (1) (ii) to apply and that my client is grandfathered because his father the principal was present and since he was a derivative at the time, the presence requirement was waived by (a) (1) (ii)? Answer: The Dallas Field Office will comply with (a)(1)(ii). 11. I have a client that I attended an adjustment interview from a USC wife on March 27, We received an RFE for police records related to a prostitution arrest which was dismissed pursuant to a memo agreement/pre-trial diversion. We timely responded. We were awaiting a decision for some time and we applied for EAD. The problem is that the EAD has an A# , which is his USC wife s former A#. So when he went to get a SSN they would not issue it because her name came up. I then did an infopass to check on the status of the case and to address this issue on February 5, Apparently the file had been sitting with the Office of the Chief counsel since before the adjustment interview, he had an NTA that was never filed with the court, I believe related to attending a prior adjustment interview based upon a deceased petitioner (dad) or that his visa was not available at time of interview. Anyway, that got him an A# I spoke with Heidi Graham and she was going to release the file to adjudications because OCC did not have a dog in the fight. That seemed to happen because we got a biometrics appointment for 03/24/2009. But it has the wrong A# on that notice. I imagine or hope that an approval and card are being produced but I fear that I will have a wrong A# based upon a Service clerical error early on in the case. Please help me fix this. Thanks. DOB: 07/23/1976 COB: Mexico Correct A# Wrong A# (wife s) MSC Answer: Please send inquiry to Dallas Field Office using the inquiry system.

4 Case is still pending a decision. Use correct A# when filing I-765 extension. If new EAD is issued with wrong A#, please schedule an infopass appointment to correct. 12. I m dealing with an issue right now with respect to adjudication of an I-130 petition where the US citizen husband is reported missing. The question for DDO is the following: Are there any circumstances where the Dallas District Office will adjudicate an I- 130 petition without the presence of the petitioner. Specifically, what is the office s policy where the U.S. citizen-petitioner is reported missing? I attended an adjustment interview with the beneficiary spouse whose husband was reported missing for two months following a car accident. She handed the officer (who was very cordial and understanding) a copy of a missing person report filed with the police, along with the phone number of the police detective in charge of the case. The I-130 petition was signed by the petitioner (as well as the other forms: I-864 & G-325A). The couple had been married over three years and have two children together. They supplied the CIS with ample evidence establishing a good faith marriage. We requested adjudication based on the signed petition and their verifiable supporting documents. The officer consulted with his supervisor, but ultimately denied our request. According to the officer, no action will be done on her adjustment and petition until CIS is updated of further developments (e.g., he turns up or deceased). There is no timeframe given by the police on when the investigation will conclude. My concern is that the police investigation will continue without any idea of when or how it will end, thus leaving my client without remedy. Answer: An RFE has been issued requesting more information about the police report. Each case will be evaluated separately. 13. In a recent adjustment interview, Officer refused to move forward with the interview because client did not have a valid government issued ID. Client had an expired passport with entry stamp. She was unable to obtain driver s license due to the changes in the law. She had not received her EAD. She had a Matricular Card. Officer refused to accept the matricular card. Is it, now, a service policy not to accept matricular cards? Also, what options do the clients have if their passports have expired (and they are not able to obtain a new passport) and have not received EAD? How can they move forward with their Adjustment? Answer: This is a training issue. Matricular card or expired passport should have been accepted. 14. What is USCIS-DDO policy regarding gardasil vaccination? We are currently running into issues where, based on age of the child, she may be required to take a series of shots rather than one and the process can last for several months. There are doctors on the list that are refusing to provide the shot or are forcing clients to

5 make multiple shots. What is Service s policy if the process takes months before series of vaccination? Answer: Physician can request blanket waiver or after the first vaccination can specify insufficient time interval on the I-693A. 15. What is Service s view on cases where client enters with advance parole and adjusts under 245(A) as a spouse of USC but has a prior deport order? If the client leaves the country under Advance Parole, EOIR takes the view that client has self-deported and they do not have jurisdiction. We had submitted this question in person at the large USCIS meeting and have not received a response. Answer: There is no written policy. The Dallas Field Office has requested guidance from CIS headquarters. 16. Ancient adjustment case A can it be adjudicated now? Answer: I-72 has been issued. 17. Can you help on this approved I-130 and subsequent/related I-824? Both approved by CIS but never reached NVC. SRC and SRC Answer: Inquiry should be sent to the Texas Service Center. 18. My client (A ) has been an LPR since the 80s. He was arrested by ICE and his card was lost by ICE. His removal hearing lasted about 2 years and we applied for a new I-551 card on two occasions with no success. The last I-90 is still pending. The IJ recently terminated proceedings and I took my client to CIS to get his passport stamped pending the I-90 adjudication. They would not stamp the passport and I am not sure why. Thanks. Answer: File has been requested. Will review. 19. Is an applicant for adjustment still entitled to retain his priority date in the case where he was single when his dad filed the I-130 (F2B category) but married before the dad naturalized? Answer: No. 20. AOS applicant (born in February 1985) is a derivative minor on a family 4 th preference petition. The petition was filed by 04/30/2001. Applicant entered EWI after December 2000, married USC and filed 245(i) adjustment. The application was denied because he was not physically present in the U.S. on 12/21/ CFR (a)(1)(ii) and Cronin memo, 01/21/2001 provide that the physical presence requirement applies to the principal applicant and does not

6 apply to dependent or derivative spouse/child. The AOS application was denied citing lack of physical presence. Is this a Service error? Answer: Yes, there may have been a mistake. 21. N-14 issued on 02/09/2009 directed applicant to send response to P.O. Box , Irving, TX The applicant sent the response as directed via certified mail. The zip code on the N-14 is wrong (should be not 75105). The response did not reach CIS and the N-400 was denied. Will the Service reopen sua sponte? Answer: CIS should reopen. 22. Recently a Life legalization applicant was denied adjustment and NTA issued. In the past the Dallas District has not issued NTA on legalization cases. Has there been a policy change? Answer: Normally the Dallas Field Office will not issue an NTA but in order to answer this question, additional information from the AILA member asking this question is needed. 23. On the N-400, section D, question 16 (have you ever been arrested, cited, or detained, ) does that include traffic citations, and if so, is the applicant required to obtain DPS record or disposition of moving violations? Answer: It depends on the offense. 24. A / I-130 approval: SRC A / I-130 approval: SRC The above two brothers were petitioned for by LPR stepfather. At the same time, their mother was petitioned for by the same LPR spouse. Her approved I-130 SRC# is Each beneficiary has separate I-130 petition with separate SRC number. Mother cannot adjust at this time because she has removal order and is on Order of Supervision while MTR is pending. After the AOS interview, A received a phone call from unknown CIS official at DDS stating that he cannot adjust unless his mother is able to adjust. However, I believe that the brothers can adjust without their mom so long as their mom and stepfather continue to be married (as they are now). Mom s AOS is not necessary because each beneficiary has a separate petition and the brothers are not derivatives on the mom s I-130. Please advise.

7 Answer: If the attorney submitting this question will provide the name of the officer who called, the Dallas Field Office will follow up. The children may be able to adjust even if their mother is unable to adjust. The mother s presence at the interview may or may not be required. 25. I have a client who is the beneficiary of an approved I-130 petition. The petition was sent to NVC to consular process, however my client was placed in removal proceedings so his file (with I-130 petition included) was sent to Dallas District Office. He has now been ordered removed and would like to begin consular processing, however his file and I-130 are still at DDO. I inquired to the DDO inquiry to send his file back to NVC, but was told to do an I-824. Is this proper procedure? And if so, where should I-824 be mailed, to the Service Center or to Dallas District Office? (I-130 SRC , A ). Answer: Dallas Field Office. 26. I have a client who was granted legal permanent residency as 2B child of LPR. She was originally a derivative of her mother s 1991 petition, and in 2007, she filed her own I-130 as a 2B, unmarried child, over 21 of LPR. The problem is that the 2007 I-130 approval notice was given a 2007 priority date and her LPR card was coded wrong; the I-485 approval notice however did have the 1991 priority date. She would now like to seek adjustment of status for her children as derivatives of her I-130 petition. Will her children retain the original 1991 priority date, even though her second I-130 petition has 2007 priority date (classification 2B), but her I-485 approval notice has original 1991 priority date? Answer: Children should retain 1991 priority date. An I-90 should be filed if the resident alien card is incorrectly coded. 27. I have another client who filed I-130 petition for wife and 2 children in 1992 when he was LPR, however he did not have funds to file petitions for 2 other minor children. In 1999, he finally filed I-130 petition for 2 other children. Can his 2 other children, who are now in 1 st preference category (client naturalized in 2001) apply for adjustment of status and retain the 1992 priority date, since they were derivatives of original petition filed in 1992 or do they need to file a new I- 130 and ask that 1992 priority date be accorded to it? Answer: Yes, once the child turns 21 years of age, a new petition must be filed. The old priority date will be retained. 28. My client was in proceedings for a very long time. Another law firm filed an I- 751 waiver on my client s behalf based on good faith marriage and it was denied. I filed an I-751 based on extreme hardship and it was approved on 10/16/2008. We still have not received the card. CIS Customer Service provides no useful information. Client got a I-551 stamp valid for 6 months until September 2009 at an Infopass appointment. So, I guess my question is who do I need to contact

8 (other than customer service) to have a card produced? Is the file stuck at Dallas District Office? Thank you so much. Answer: If your client does not receive his resident alien card within the next 60 days, please schedule another Infopass appointment. Others Matters: (1) P.O. Box will be phased out over the next 60 days. Please use the 6500 Campus Circle Drive East, Irving, Texas address. (2) Withdrawal requests of I-130 petitions and I-485 applications should be signed by the client. (3) Bring essential personnel to interview such as an interpreter. Please do not bring paralegal or others unless they are essential (i.e. the paralegal is the interpreter). (4) USCIS will experience limited Form I-551 production, which may result in delays of up to 60 days. We will provide ADIT stamps to those eligible to receive them. (5) Information officers are handling inquiries.