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NEW ADJUSTMENT OF STATUS PILOT PROGRAM IN DALLAS
Lal Varghese, Attorney at Law, Dallas
(972) 788-0777, (972)7881555
Fax (972) 788-2202 E-Mail: attylal@aol.com
United States Immigration and Naturalization Service (US CIS), formerly known as INS is conducting a pilot program for the first time in United States at its Dallas District office to test US CIS’s ability to process adjustment of status applications within 90 days of filing, thereby eliminating the need to apply for interim employment authorization, and also advance parole to travel outside U. S in case of emergencies while the adjustment of status application is pending. Dallas US CIS almost eight years ago to pin point exacting until 1996 use to process adjustment of status applications within 90-12o days from the date of filing. But the IIRRA and its deadlines like 09/30/1997, then extensions like 01/14/1998, and 04/30/2001 has increased the work load of the adjustment of status applications in Dallas District, thereby increasing the processing time up to three years from the date of filing.
But the due to the efficient coordination of the District Office, and its adjudication section, and examination section, the back log has been reduced to 30 months, 24 months, 18 months, 15 months, and presently to 10-12 months for processing the adjustment of status applications filed in Dallas District office. Under the pilot program the Dallas District Office is trying to see whether they can process the adjustment of status applications within 90 days of filing and to issue the permanent resident status. The pilot program is expected to begin from May 01. 2004, and the appointment will begin from April 19, 2004 according to the District Office. This pilot program is internet based, and appointment can be scheduled with the District Office through US CIS website. Once the appointment is scheduled the applicant and the petitioner should appear in person with all documents, and an officer will review the documents, and if everything is in order, the application will be send to National Benefit Center (NBC) located at Missouri for fee in and issuance of receipt for paying of the fee. Once the receipt is issued, the NBC will issue notice asking the applicant to call US CIS National Customer Center to schedule an appointment for biometric taking at a local Application Support Center (ASC).
US CIS warns that acceptance in to the pilot program does not guarantee that the applicant will be issued with permanent resident status or Green Card. The case cannot completed or processed on the first appointment date, and each applicant must meet all eligibility requirements and should pass all security checks before the US CIS can make a final decision in each case. Once the finger print and security checks are done, the NBC will send an approval letter to the applicant to contact the local US CIS to get the passport stamped as evidence for permanent resident status. If at the end of 70th day of the process if it is determined that the case cannot be completed within 90 days, the applicant will be notified to apply for work permit, and advance parole if eligible, and also will have an appointment letter to receive your work permit and advance parole. You can file an application for work permit or advance at any point during 90 day pilot program period if at any time an emergency arises.
All family based applicants, Diversity Visa Lottery winners, Special Immigrant Juveniles, and any other Special Immigrants with an approved petition living within the jurisdiction of Dallas District office may qualify under this pilot program. Applicants filing adjustment applications as Asylees, Refugees, Employment Based, and Life Act beneficiaries cannot apply under this pilot program. There are lot of rumors and misconceptions about this pilot program among aliens. Please understand that this is not an amnesty, and President Bush’s new proposal to grant work permit to illegal aliens. This is just a pilot program for those who are already eligible to apply for adjustment of status under normal way to file it by scheduling an appointment through the internet, and interview is conducted within 90 days if qualified. Otherwise the application will be converted to regular normal process type which in Dallas is taking approximately 1-12 months now to have an interview scheduled. The only advantage of this pilot program is that it completely eliminates the need to apply for work permit or advance parole while the adjustment of status application is pending. Under the existing laws an applicant if eligible to apply for adjustment of status application is eligible to apply for work permit and work in U. S while the adjustment of status application is pending. Also remember that under the existing rules, while an adjustment of status application is pending, the applicant cannot travel outside U. S, unless has a valid visa to re-enter U. S., hence most of the applicants need permission from US CIS to return after a short trip outside U. S, without being ended up with a denial of application for abandonment.
The appointments are expected to begin from April 19, 2004 through US CIS web site. Each applicant has to take with him/her all original documents, copies, and all forms duly filled in, signed, and the fee for filing the applications. The initial interview will be conducted at US CIS new office at 3010 N. Stemmons Freeway, Dallas, Texas 75247, and both the petitioner and beneficiary should be present in person for this initial interview. The immigration officer will review your documents and make sure it complies with the law, and correct documents to support your case. If do not have all the required documents, you will not be interviewed. The officer may reschedule your interview if the required documents can be obtained within seven days. If you cannot obtain the documents you have to take back your documents then obtain the required documents, and reschedule an appointment by yourself through US CIS web site. The third alternative is to turn in your documents at the initial interview “as it is”, and your file will be routed through the normal filing procedures which is prevailing right now. A receipt for the fee will be send in mail, and a letter requesting you to produce the documents within 90-120 days also will be issued along with the receipt.
If your file is complete upon completion of the initial interview it will send to National Benefits Center (NBC) for initial processing. The NBC will assign your A file number, and will send you instructions to schedule an appointment for finger prints at one of the Application Support Center (ASC). There are four ASCs in Dallas area, and when you call the National Customer Service Center for scheduling an appointment, you will be scheduled one closest to your home. Once the finger print is done, the same will send for clearance from FBI, and also name checks will be done with the database system. If you meet all eligibility requirements the NBC will send an approval notice to your e-mail address or mailing address asking to appear before US CIS to have your passports stamped with evidence of your permanent resident status, and your Green Card will be coming to your mailing address within short period of time. This new pilot program eliminates the need for a second interview, and also the need for applying for EAD and advance parole, thereby hoping to reduce work load for US CIS officers. Always consult with an immigration attorney to see whether you are qualified to apply for adjustment of status under the existing law. Do not fall in to trap of unscrupulous elements of the society where they are charging fee to be included in the pilot program.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can reach Lal Varghese, Attorney at Law at (972) 788-0777 or (972) 788-1555 or Fax (972) 788-2202 or at e-mail: attylal@aol.com, for a free consultation on this subject matter. You can visit our website at: www.indiaimmigrationusa.com for more information about other related immigration matters.
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Customer Reviews:
Write a Review & Share your thoughts with Other Customers.1068 of 2121 people found the following review helpful: , Mar 28 2005
Reviewer: Ameera Hamieh
I need an appointment to find out what my next step is in the U.S. I arrived recently on a K-3 Spouse of U.S. citizen(Non-immigrant Visa). I also need to apply for a worker's permit in order to apply for a Social Security number.
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