TSC Updates – 01/28/2010

Processing time of I-765 and I-131s - The EAD processing time should be back down to an average of around 45 days. The center aims to adjudicate all I-765s and I-131s within 50 to 55 days.

EB-1 Adjudication issues - The center continues to train officers on EB-1 adjudication issues as the nature of EB-1 extraordinary ability and outstanding researcher cases is such that there will always be some differences as to whether a case is approvable. Petitioners are urged to organize both the original submission as well as any RFE response. This in a way makes it clear which evidence supports each particular qualifying criteria. The use of indexes and tabs may be helpful in organizing the filing.

Denial of an immigrant petition or adjustment of status application without RFEs - Petitions that do not have the required initial evidence can be denied without the issuance of an RFE. If the required initial evidence is provided but the officer has a question about the approvability of the case or requires additional information/documentation, an RFE typically will be issued. A NOID will be issued if the officer adjudicating the case and is leaning toward a denial but a rebuttal to the specific reason for denial would assist in ensuring an appropriate adjudication.

Separated Derivatives - The center advises that for cases where it appears the Derivative is still pending and is approvable which also includes a current priority date an e-mail has to be sent through the streamline address at Streamline.Tsc@dhs.gov

Derivative child and biometrics - The center makes efforts to arrange for the Derivative child to be scheduled for biometrics around 4 months before he or she reaches age 14. An e-mail can be sent through the TSC Streamline address at Streamline.Tsc@dhs.gov if a Derivative child has not been scheduled for biometrics for 4 months after his or her 14th birthday. Unless specifically requested it is best that applicants in this situation do not send a G-325 or other documents.

I-485 of a minor child transferred for an interview -  Usually children are not scheduled for an interview without the parents also being scheduled. But in some cases this could be possible. In cases where it appears that a child entered the U.S. without inspection an interview would be scheduled.

To interfile a new G-28 - Filing a G-28 by adding a brightly colored cover sheet (blue in particular) helps in identifying the submission as a new G-28. To interfile a new G-28 send the G-28 to PO Box 850891, Mesquite, TX 75185-0891.

Receipts -  For payment of I-485A penalty when filed separately from the I-485 in EOIR case there is no automated process for issuing receipts. The center issues it manually.


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