DISTRICT DIRECTOR – AILA NY CHAPTER MEETING
March 18, 2015 MEETING
1PM, Room 3-336
AILA
Tom Vanasse
Myriam Jaidi
Rachel Baskin
Neena Dutta
Jennifer Durkin
Amy Fallon
Stephanie DiPietro
Myriam Hildenbrand Sanchez
Allen Kaye
Noemi Masliah
David Isaacson
Robert Casazza
Jan Brown
Bob Gottfried
David Katona
Karin Wolman
Elizabeth Brettschneider
Sylvia Montan
General Questions:
USCIS
Phyllis Coven
Scott Ruben
James Tu
Wilhelm Bierman
Tim Houghton
Bryan Christian
Ingrid Stochmal
Brian Meier
Barbara Felska
Kristian Parker
Mark Curley
Elizabeth Miller
John Carrington
1. Please provide an updated list of the current processing times for I-485, N-400, N-600,
N-336, I-751, Stokes and other relevant applications at the district office.
New York City
Queens Office
Long Island Office
I-485
N-400
N-600
N-336
I-751
Stokes
12/2014
12/2014
6/2014
12/2014
12/2014
9/2014
11/2014
12/2014
9/2013
Upon receipt
9/2013
9/2014
10/2014
10/2014
10/2014
9/2013
Note that the I-751 applications are first processed through VSC before they are
transferred to the District office.
The District is also working on reducing I-290B backlogs. They are almost current for
Deferred Action cases.
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2. Please provide updated org charts with telephone numbers for all ISOs and SISOs for
New York, Long Island City, and Holtsville. Please advise if there have been any new
hires or changes in staffing.
Attached.
3. Please provide an update regarding the status of the Queens Office, and applications that
are pending with the office.
The Queens office is closed. All of the Queens staff have been transferred to the New
York City Office.. Officers from Queens are in Room 8-100 and on the 4th floor.
a. How can attorneys follow-up with these cases? Have all of the files been moved
to 26 Federal Plaza?
All files have been moved to 26 Federal Plaza. Some cases are under remediation
to make sure they are safe for officers to handle. Attorneys can follow-up on
Queens cases by contacting Queens management via email.
b. When do you anticipate the Queens office will re-open?
The Queens office will not re-open.
c. One member reports that despite the closure of the Queens Field Office, they were
instructed to send all pending RFE responses to Jackson Avenue, and informed
the responses would be directed appropriately. Although the response was sent via
FedEx well prior to the RFE deadline, FedEx tried for several days and was not
able to deliver the package, noting the reason for delivery failure as “Customer is
not available or closed.” For similar situations where the attempt to deliver was
made and the RFE deadline passed, the concern is that the responses will be
considered late and cases denied. Where should RFE responses be directed and
will the District accept and adjudicate cases under these circumstances?
All mail should continue to be direct to the Queens office address unless
otherwise notified. The mail is being forwarded to 26 Federal Plaza. This
includes US postal service mail, as well as courier services (FedEx, DHL). If a
package is returned as undeliverable, bring it to the attention of Queens
management via email, attaching documentation to show that it was returned.
Alternatively, attorneys can deliver documents for the Queens office to the
InfoPass Unit.
d. Can we deliver RFE responses to the appropriate unit at 26 Federal Plaza?
Yes. Attorneys can deliver material at the InfoPass on the first floor, and it will
be directed to the appropriate person at Federal Plaza. If there is an issue that
needs to be addressed, attorneys can request supervisor assistance on the 3rd Floor
at InfoPass. No appointment is necessary for these types of cases.
e. Please note that prior to the closing of the Queens office, members reported that
the office would "close" their services except for fingerprinting on the day before
a holiday and told people who wanted to file papers and get their copy stamped to
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leave and return another day. Members reported having to argue with
representatives at the office to get someone to come down from the 2nd floor to
take the papers they were attempting to file. We would request that the District
check into this issue and ensure the practice does not continue.
Please bring instances like this to the attention of the Queens Management.
4. How has the Stop and Drop system worked? Please provide feedback.
The system is meant for the District to identify issues and trends in the different units that
need to be addressed. Attorneys are encouraged to use the form for this purpose.
Officers will respond to issues brought up by Stop and Drop. Attorneys should be sure
that the form is stamped on both the top and bottom.
Since instituted, there have been only 25 submissions in the AOS unit, 24 on the 8th floor
and 1 on the 4th Floor. Of the submissions, the issues were to reschedule an interview;
request an update on a case; and request for a service motion. There have been 8 requests
in the Naturalization Unit.
5. Thank you for providing email addresses for Section Chiefs and FODs. We have found
this remarkably helpful; however, in some instances members report that they have not
received replies in response to their queries. How long should attorneys wait to receive a
reply? What is the appropriate way to escalate the issue to ensure concerns are
addressed?
Section Chiefs should reply within 5 business days. If not, attorneys can escalate the
emails to a FOD.
6. Similarly, thank you for the email address for rescheduling requests. Please confirm that
this email address is only for 26 Federal Plaza requests.
This email address is only for 26 Federal Plaza. There will be email addresses for the
Queens and Long Island offices shortly.
a. It is possible to set up an automatic reply to these requests confirming that the
request was received?
The district is working on this.
b. Members report that they have had to send several requests, and in some cases
they have still received denial notices.
When this happens, email FOD with A number to review. Attorneys should be
sure to email copies of the requests for rescheduling.
c. How long should members expect to receive a response to their request?
Attorneys should receive a reply within 5 business days. If the A file is in NY,
the district will respond immediately. If the case is in NBC, then the district
needs to wait for the A file before they can reschedule the case.
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d. We understand that the rescheduling date depends on the office’s availability, but
what is an approximate time frame we can expect for rescheduling before we
should follow-up.
Attorneys should receive a new date within 5 business days.
e. Can the rescheduling email be used for Queens/Holtsville rescheduling requests
as well?
See above.
INFOPASS UNIT
7.
It is our understanding that InfoPass officers are trained ISOs, who are assigned to the
InfoPass Unit for a certain time. Previously the officers provided customers with a
written explanation of what they discussed with customers the day of InfoPass. Is this
still district policy?
Yes. At the conclusion of an InfoPass appointment, customers should receive an Exit
form, which will be signed by the officer at InfoPass. If customers do not receive the
form, let a supervisor know.
8. Would it be possible for InfoPass Officers to provide their names at the appointments to
facilitate follow up?
Officers names are written on the Exit form. The InfoPass windows will soon have name
plates at them, indicating whether the officer is an ISO (officer) or ISA (assistant).
9. One member reported that a client with a pending employment-based AOS had an I-131
pending for over 90 days. He had to travel due to a family emergency and went to the
Field Office without his attorney but with the necessary documents. He was asked all the
relevant questions and was told to wait only to be then told that a supervisor was denying
his request because the applicant, who also had valid H-1B status, could go to the
consulate, apply for the H-1B visa and return to the US, that emergency advance parole
was not available to an individual who could return with a visa. Please clarify that this is
either the policy or a training issue.
For most visa categories, applicants need advance parole to travel so that he/she does not
abandon his/her adjustment of status application. The exceptions are applicants with
valid L-1, H-1B or K-3/K-4 visas. If an applicant has an expired visa in one of these
categories, advance parole can be given in urgent situations. The situation described
above seems to be a training issue, and in these instances it should be brought to the
attention of the supervisor.
Note that the Service is also issuing I-551 stamps for people with I-751 letters extending
their status, as they understand that CBP is looking for the stamp.
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Naturalization Unit
10. Members report that wait time in the Naturalization Unit have increased significantly
recently, with applicants waiting 3 hours, and that after waiting for so long, applicants
have been told by officers that the officer has not reviewed his/her file. While we
appreciate that some cases take longer than others, and that the processing times are
relatively quick, the wait times seem excessive and officers seem overworked. Are
additional resources available to dedicate to adjudications?
Some delays occurred due to the Queens officers moving into 26 Federal Plaza.
Currently the Naturalization Unit schedules 400 cases per day, and interviews should take
about 35-40 minutes. However, the wait time should be no longer than one hour. If it is,
attorneys should ask for a supervisor.
** The one hour wait time also applies in the 245 Unit. If it takes more than one hour to
see an officer, applicants/attorneys should ask to speak with a supervisor.
11. Please clarify the district’s policy regarding applicants who have an attorney file the
application, but elect to attend the interview alone. Officers have been requesting that the
applicant sign a document indicating that they elected not to have representation at the
interview.
ISO will ask the applicant to sign a waiver indicating that he/she is waiving the attorney’s
presence at the interview only. Applicants are given the opportunity to wait for their
attorney to be present, or to appear without him/her. However, the attorney is not taken
off the case, and should be notified of any further action taken on the case.
12. When original certified dispositions were previously submitted with raised seals, is it
proper to request an additional disposition for the same crime. Some officers seem to
request "new" dispositions for old crimes. We would ask that previously submitted
original dispositions remain sufficient, as they document past events and would not have
changed with the passage of time.
An officer will only ask for a new disposition if it is incomplete (for example, if there
was an ACD previously, and the cases has been dismissed since the original disposition
was provided to the Service, the applicant needs to provide a new disposition). Officer
should not be asking for new dispositions in cases where there would be no change; this
is a training issue that will be addressed.
13. We have recently been informed that decisions are routinely being reviewed by at least
one, if not two officers. Is this correct?
This is correct. This is not a new policy. All Naturalization cases go through reverification to ensure the applicant is still eligible prior to the oath ceremony being
scheduled.
14. Members have reported that officers in the Naturalization Unit have been requesting
additional information from applicants that is not listed on the checklist sent by USCIS,
such as social security cards and tax transcripts (the checklist requires tax transcripts OR
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copies of tax returns). One officer refused to accept a client’s tax returns stating that
anyone could have filled them out.
If this happens, see a supervisor. This is a training issue.
15. Please remind officers that the Selective Service status letter or affidavit is not required if
the applicant is over 31 at the time of filing his naturalization application. The
Naturalization Handbook states that failure to provide such documentation does NOT
make an applicant ineligible. Further, USCIS instructions state that the status letter
and/or affidavit are not required.
Officers should not be asking for this documentation; this seems to be a training issue.
245 Unit
16. We have recently been informed that decisions are routinely being reviewed by at least
one, if not two officers. Is this correct?
All decisions may be reviewed by a supervisor. Note that there are currently new officers
being trained, so there may be multiple officers in the interview room.
17. When interview notices are sent by the local office for scheduling, applicants receive a
package with a general list of documents, most of which are irrelevant for their case (such
as request for medical exam, request for I-864 in employment cases, etc.). We would ask
that the District send the appropriate checklist, similar to the one sent when the first
notices is sent.
The district will review the documents being sent to be sure that appropriate material is
sent to applicants prior to an interview.
18. In the case of I-751 good faith marriage waivers interviewed at local district offices,
members report experiencing long delays between the grant of the I-751 and the issuing
of the ten year green card. One attorney experienced a delay of over three months from
the time of I-751 waiver grant and issuance of the ten-year card. Please advise.
These files need to be returned to the Service Center so they can issue the permanent
resident card. If there is a long delay, notify the I-751 supervisor.
19. Is it possible to receive advanced notification of non-classifiable fingerprints before the
interview? It is often difficult to obtain the necessary certificates of good conduct in the
87 days given to do so. FBI record checks are currently taking over four months.
The District is currently reviewing this process to make it more efficient. Unfortunately,
advanced notice cannot be given to applicants. This seems to be an issue that needs to be
addressed with the Service Centers. However, if this comes up, attorneys can timely
request an extension to respond to the RFE.
20. It appears that interpreters at 245 interviews are providing services telephonically. In one
recent case, the telephone was behind the examiner which made it very difficult for the
applicant and the interpreter to hear and understand each other. Many questions and
answers had to be repeated several times, making the interview much longer than it
needed to be. Is this a new procedure? If so, can anything be done to make sure that the
translating goes smoothly?
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Many interviews with interpreters are done telephonically; though in some instances
there is an interpreter who attends in person. Every effort will be made to fix the issue to
ensure interpreter and applicant can understand each other. If an issue like this arises,
bring it to the attention of a supervisor.
21. Members reported the following language on some local interview notices:
WARNING: IF YOU CONSIDER DEPARTING FROM THE UNITED STATES TO ANY
COUNTRY,INCLUDING CANADA OR MEXICO, BEFORE A DECISION IS MADE ON YOUR
APPLICATION,CONSULT WITH THIS OFFICE BEFORE DEPARTURE SINCE A DEPARTURE
FROM THE UNITED STATES WILL RESULT IN THE TERMINATION OF YOUR APPLICATION.
We recommend that the language be altered, for example by replacing the word “will”
with “may” in the last line because it is not accurate to say across the board that travel
will result in termination of the application. Individuals with advance parole, or in H-1B
or L status, may travel without impacting their adjustment applications.
The notice template has been changed.
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