AILA Big Group Meeting September 19, 2007 Dallas District Office 1. What is the procedure for getting and EAD and travel document for cases under the DORA? My client #89 525 428 DAL#07-17611. Waited 90 days-no decision- sent an e-mail requesting an appointment for EAD/I-131-no response. Went to infopassturned away (rudely) at the window. The proper procedure is to send an E-mail on the DORA line. 2. I was talking with the new supervisor Marvin the other day about name checks and the delay they cause. I asked if there has ever been a hit on a name check. Most of my clients that were removed by border patrol gave other names. Just wondering if it is worth the effort/delay/time to do name checks when people give false names many times and if there are ever or hardly ever any hits. How do we go about changing the system to do without them? We take National Security very seriously and we will not waiver in our mission to keep our country safe. 3. Client A 094 074 841 and A 095 250 202, the wife of a USC submitted forms I- 130 and I-485 prior to 245(i) sunset-april 30, 2001. Client attended an AOS interview on 07/31/2002, at which point form I-72 was issued requesting documents. Documents were submitted shortly thereafter as requested, however client failed to receive any notices from USCIS after this date. I was hired in October of 2006 and immediately initiated a dialogue via the e-mail inquiry system as follows: 1. 11/03/2006-Response from USCIS indicating that the A-file has been ordered from the TSC. 2. 11/21/2006-Another response from USCIS indicating that the request for the file had been cancelled and that since the file is at the TSC and it doesn t appear they want to release it, please direct your inquiry to the TSC. 3. 11/21/2006-I requested confirmation of the A-number so that I could submit a request to the TSC. 4. 11/21/2007-Received a new number due to consolidation and also a message indicating that the file would be requested again. 5. 05/17/2007-The AILA TSC liaison assisted me with transferring the file from the TSC and I received a notice on this date that the file had been sent to the DDO. I informed the DDO via the e-mail system of this fact. 6. 6/22/2007-In the first of two messages from the DDO the USCIS Officer indicates that the file is not in the DDO jurisdiction but per the National System, it appears that the TSC has listed the file as lost. Please forward any other questions regarding this file to the TSC. 1
7. 6/22/2007-In the second of two messages from the DDO the USCIS Officer indicates that she received a T-file for this client and that she will contact me as soon as it is reviewed. 8. 8/09/2007-I sent another e-mail requesting an update which was not answered. Considering the length of time that this case has been pending and the fact that this applicant is not responsible for the delay, I am confused and concerned by the lack of forward progress. Is there anything that I can do to have this case reviewed by an AO so that there can be a final resolution. One of the files has been located at the DDO and we are working to get the issues in the case resolved. 4. Client got I-797 approving his change of status to E-2 (he entered as B1/B2). I- 797 has the WAC no. but not any I-94 number. Two Social Security offices in Dallas and one in Tyler have REFUSED to issue him a social, stating that the I-797 MUST have the I-94 number on it. I've argued to social security that the original I-94 (which he presented) and the original passport, along with the I-797 are evidence that he is now employment authorized. They won't accept that. They say they require an I-94 number, and also say they can't accept the original I-94 number as indicated on the original card, because that has a "B1/B2" designation on it. Of course, social se! c. admin hasn't been able to provide me any legal authority for their refusal. I'm trying to avoid applying for a new I-94 because of the timing issues, but client will have to do that if he has no other option. Client's E-2 investment (gas station & convenience store) is being adversely affected by lack of a social, since the TX Lottery Commission, the U.S.D.A. (re food stamps acceptance) and Western Union (re checkcashing and bill paying) all REQUIRE social security number and WILL NOT accept an IRS taxpayer ID that is NOT a social! Any chance a problem like this has come thru the DDO (since that's where we'll have to apply for a new I-94)...? The Social Security Administration can contact our SAVE unit to directly verify that the applicant has proper status in the US. 5. Can Dallas District do anything about the security checks? I have one client whose N-400 case has been pending way over processing time. He is the late stages of diabetes and will not last much longer because he is refusing treatment (too painful). His wife, sons and daughters are all dependent on him getting his Natz. He is also a Medicare patient so the doctor s won t provide a detailed prognosis. In a case like this it may be possible to expedite. The attorney should send an expedite request in writing to the Natz. Supervisor through the e-mail system and refer to the September meeting. 2
6. How long does it take to process Form I-565, Application for Replacement Naturalization Document? The form is filed at the Texas Service Center, but ultimately I assume will be handled by the District Office. The processing time is not listed on the DDO or TSC processing reports. Since October of 2006, these applications are processed by the TSC. You would need to contact the TSC Liaison to request that information. 7. I have questions for the DDO about the procedure to obtain an interim EAD and what role if any is to be played by the DDO? a client of mine has been waiting 90+ days for a work permit and therefore I advised him about the procedure in order to get an interim work permit. I made him an infopass appointment and explained that the DDO no longer issues EADs but that the procedure would entail going to the appointment and requesting that the officers there request an interim EAD from the Texas Service Center. I also explained that in the past all clients who attempted this Byzantine procedure were rebuffed, so the client was not surprised when he was told by the officer that there was nothing he could or would do. He asked to talk with an officer and the officer at the window said indeed, he was the officer, and when my client asked to talk with a supervisor, the officer replied that indeed, he was the supervisor as well. Question no. 1: G-d knows I have been wrong before: has the procedure changed and if so, what is the new procedure? And if it has changed why is infopass still allowing u to make Interim EADs appointments? Question no. 2: if the procedure as stated above is more or less correct, can the officers and supervisors be told about it? Or let's do without it entirely, it's a charade anyway. Also, I think the Dallas District Director needs to know that my client went to his appointment early. There was no one in line, but he was told to come back closer to the time of the appointment, which he did. He arrived back 15 minutes before his appointment and again there was no one in line. Despite there being no lines, he had to stand in front of the window and wait for 15 minutes while the officer looked back at him though the window, and did nothing. Question no. 3 Can the USCIS, and can we as taxpayers, afford to be paying officers and supervisors who slack on the job without regard for common courtesy or decency that we as Americans have come to expect from our institutions? The quality of customer service is extremely important to us. We would like to have very specific details in order to properly address the situation. Please send us in writing the date and time of the specific event as well as the name of the officer who dealt with the client. Send it directly to the Field Office Director. 3
8. : A 95 326 548: Beneficiary was interviewed with his spouse on 07-29-2006 in connection with pending I-130 (MSC-06-040-21114) and I-485 (MSC-06-040-21112). Interview went fine. However, the DAO promised to send decision in the mail because according to her, she was not quite sure how to proceed in light of the fact that at the time, there has been an NTA issued which was yet to be filed with the Court. Specifically, she said she was not sure whether to adjudicate the I-130 alone or both I-130 and I-485. She promised to send her decision after consulting with her supervisor. More than one year after the interview, no decision on the I-130. Attorney inquired about this case and received the following response: Regrettably, I am unable to assist you with this case as it is no longer in the DDO jurisdiction. Upon being reminded that the pending Form I-130 continues to remain in the DDO jurisdiction and should have been adjudicated, attorney received the following response: Your client's file is with the Trial Attorney's Office and no longer in the DDO jurisdiction. Please forward any further questions on this case to that office. Since the Form I-130 remains in the DDO jurisdiction, attorney is of the view that the I- 130 should have been adjudicated one year after the interview. Therefore, Attorney is not sure why he is being asked to direct further question on a pending I-130 to the Trial Attorney s Office. Beneficiary is now properly in removal proceedings. Attorney would like to know when to expect a decision on the pending I-130 in this case? We have located the file and are working to get the issues resolved as soon as possible. 9. Can you put on your list of questions the issue of what is CIS doing about the interim EADs if the Service Centers cannot produce receipts within 90 days almost much less the EADs. USCIS is working very hard to process the tremendous amount of incoming application and petitions received in July and August. You must inquire with the servicing Service Center regarding the EAD. 10. We are still being told by the DORA window adjudicator that they will not accept money orders older than 6 months (even though the money order itself is valid for 3 years). When we showed the adjudicator a copy of the AILA-DDO minutes in which 4
DDO advised that the money order just had to be valid/unexpired (no arbitrary 6 month rule), the adjudicator indicated that the problem was with the NBC and that the NBC would reject the application. Is this a training issue with the NBC or the adjudicator? Whichever it is, can we can get some resolution, please? Now that DORA is no longer available this issue is moot, however, the cases were being rejected at the lockbox and it was causing a delay. 11. What does the Dallas District Office considered "properly filed" for purposes of honoring applications submitted with the old fees? A client submitted an N-600 prior to 07/30/07. The application was returned because the money order did not have a signature on it. The application, with signed money order, and evidence that the original application was filed before 07/30/07 was submitted. The package was returned again, because the application didn't have the increased fee amount. Not considered properly filed until is has been signed and accepted by USCIS. 2) What is the effect of an annulment regarding the conversion of preference classification on approved I-130's under 8 CFR 204.2? 8 CFR 204.2(i)(1)(ii) says that the conversion is made from immediate relative classification to classification under section 203(a)(3) of the Act upon the marriage of the beneficiary. However, an annulment, in most cases, nulls and voids the marriage as if it never happened. So, the question is, if the beneficiary marries, but soon thereafter has it annulled, can he retain his classification as an immediate relative, or be reclassified as an immediate relative? If he was an IR to begin with then he can revert back to an immediate relative. 12. N-565 s are filed at NSC or TSC. Neither center lists the form on their processing times report. I thought they were actually processed locally. However, DAL does not list them either. Question: do you have any idea how long N-565 s are taking? See answer #6 Other relevant issues: DORA line on the e-mail system will remain open until all of the case have been adjudicated. There will be new adjudicator training going at the Dallas District Office for the next several months. The trainees will work with the DAO to get field training in adjudications. These are not trainees that will be assigned to the Dallas Office. 5
Same day ceremonies will continue for the next few months. Please remember that as the holidays approach, your clients may want to opt out of same day ceremony because they will not be able to travel without a US passport and there may not be time to get one before they have planned to travel. Please advise your clients there are no exceptions to this rule so please plan accordingly. Based on the increased applications filed in July, the receipts will take longer that usual. Please be patient as they are trying their best to process receipts for all applications filed as soon as possible. 6