October 5, 2007
At a recent conference, Michael Aytes, USCIS Associate Director Emeritus for Domestic Operations, provided additional information regarding the handling of I-485 cases filed during the months of July and August of this year. Following is an excerpt of the highlights of the panel discussion:
USCIS is aware that there are wide variations in receipting, and that they have not yet been able to receipt some of the applications that were delivered early in July.
USCIS is aware of the issue of travel for H and L adjustment of status applicants and is working on a regulation to remove the requirement that an H or L with an adjustment pending must be in possession of the adjustment application receipt.
USCIS received approximately 320,000 adjustment applications in connection with the July 2007 Visa Bulletin.
In addition to the adjustment of status filings, the USCIS was "hit hard" by other filings submitted in advance of the fee increase that went into effect on July 30th, particularly naturalization applications.
The USCIS is prioritizing receipting, particularly of adjustment of status applications, EAD applications, and advance parole applications, with a goal of getting EAD applications adjudicated within 90 days, as required by the regulations.
The focus on receipting adjustment of status, EAD, and advance parole applications may cause delays in receipting and processing naturalization applications.
Receipts containing incorrect information, including the category "unknown," can be corrected by contacting the issuing Service Center or by going through AILA liaison.
Adjustment of status approvals that were issued and received after a category became unavailable or retrogressed are valid, even though they were issued in a month when it appeared that no visa was available, because the USCIS ordered sufficient visa numbers from the State Department to be able to adjudicate approvable cases to assure that all FY 2007 visa numbers were used.
The USCIS will not be reinstating premium processing for I-140 petitions in the near future.