Filing Guidelines from Texas Service Center

Reminders for Filing Petitions and Applications:

  1. When applications/petitions are sent in, please do not hide the fee down in the documents. Ensure they are at the top so they are not missed.
  2. Provide complete name (first, middle and last), date of birth & country of birth for all beneficiaries.
  3. Allow maximum time on I-797 notice before calling for status.
  4. Respond back in the manner requested by the officer -- if mailed the request for additional info, respond by mail. If faxed, respond by fax. Always use the cover sheets that come with the request for additional info since this gets the response back to the specific officer.
  5. If response cannot be made timely, make a photocopy of the coversheet and respond back to the officer requesting additional time and indicating why you cannot send the information requested.
  6. Make sure there is a G-28 for each application/petition rather than sending one G-28 for a client that has multiple applications/petitions.
  7. When providing copies of anything, ensure they are readable copies.
  8. Send applications/petitions to the designated P.O. Box. Do not send multiple application types to one P.O. Box if some have a separate P.O. Box.

Premium Processing:

  1. All requests for refunds for premium processing must be in writing.
  2. Always include the G-28 if you want notification.
  3. Ensure the fax number on the G-28 and the I-907 is the same.

I-90:

  1. "Non-receipt of cards for visa's" issues are handled by the Case Resolution Unit in our Records Section. The I-90 supervisor cannot handle these types of problems.

I-129:

  1. If a beneficiary was born in one country but has obtained citizenship in another country - To help ensure accurate updating of cases, please indicate on the front of the I129 petition the Country of Birth of a beneficiary and the Country of Citizenship.
  2. In order for a J-1 non-immigrant beneficiary that is subject to the two-year foreign residency requirement to receive a Change of Status (COS) on an I129 petition, the beneficiary must have obtained a waiver of the 212(e) two-year foreign residency requirement. In order to receive this waiver an I612 must have been approved on behalf of the beneficiary. A recommendation letter from USIA, or an interested government agency is not evidence that a waiver has been granted to the beneficiary.

Title 8, Code of Federal Regulations, Part 214, Section 214.2(h)(4)(E) Limitation on approval of petition. Where licensure is required in any occupation, including registered nursing, the H petition may only be approved for a period of one year or for the period that the temporary licensure is valid, whichever is longer, unless the alien already has a permanent license to practice the occupation. An alien that is accorded H classification in an occupation requiring licensure may not be granted an extension of stay or accorded a new H classification after the one year. Exceptions: He or she may be granted an extension if he or she has obtained a permanent license in the state of intended employment, or continues to hold a temporary license valid in the same state for the period of the requested extension.

The sunset date for the filing for H-1A nonimmigrant classification for registered nurses was September 1, 1995. Petitions seeking H-1C nonimmigrant classification should be filed and processed at the Vermont Service Center.

I-129F:

  1. Submit proof that the petitioner and beneficiary have met within two years prior to the filing of the petition. Listed on the revised 129F instructions (03-29-01) underneath 5C.
  2. The correct person must sign the Form G-325. The beneficiary must sign the beneficiary's G-325.

I-130:

  1. G-325s and pictures need to be submitted for both petitioner and beneficiary in spousal cases. The beneficiary's G-325 needs to be signed by the beneficiary, not the petitioner.
  2. For sibling cases, the petitioner's and beneficiary's birth certificates need to be submitted.
  3. Submit photocopies of the petitioner's I-551 or naturalization certificate. Originals may be lost or damaged.
  4. The petitioner must sign the petition, not the beneficiary or preparer.
  5. Submit copies of divorce decrees for ALL prior marriages, not just the most recent one. Submit divorce decrees for petitioner AND beneficiary in spousal cases.
  6. Submit legible copies
  7. Call or write with address changes

I-131:

  1. I-512-L -Reentry Document now being used - system scans photo into the I-512-L.


I-140:

  1. Successor in Interest where the original I-140 petitioner has been bought out, merged or had a significant change in ownership. The Successor must file a new I-140 with a copy of the original I-140, and a copy of the labor certification, and all supporting documents.
  2. Please submit a separate sheet with large lettering to indicate "adjustment of status" or "Consulate Notification". We are still having difficulty analyzing, and identifying the determination for notification.
  3. If the child of a beneficiary will age-out soon, submit the necessary documentation to indicate that the child is qualified, i.e., birth certificate, or a separate addendum attached to the petition.
  4. If a G-28 is submitted with the petition, please type in a fax number, and phone number on the face of the G-28 for easy and quick access.
  5. Fill in all the blanks in the petition, many times the Officer is not able to adjudicate the petition due to lack of information.

I-360:

  1. Processing date is steadily moving
  2. Less than 2,500 cases pending
  3. G-28 needs to be signed by both the applicant and the representative.
  4. Widowers are not submitting sufficient info. At a minimum needs: a) Evidence parties were married at least two years; b) The deceased party was a USC; c) citizen spouse has been deceased less than 2 years; d) Copies of all divorce or marriage certificates or separation agreements

I-485:

  1. Process is fingerprint driven
  2. We have adjudicated cases through Dec 2000 due to fingerprint clearances
  3. Age outs - file 12 months prior to age out - clearly mark case in bold print "age out"
  4. Indicate Principal's A# in top margin of dependent family members - helps keep families together

I-539:

  1. New guidelines mandate that I-539’s be processed within 30 days.
  2. If any non-immigrant leaves the U.S. while a request for a Change of Status is pending, that request will be denied even if the alien reenters the country before adjudication of the application.
  3. New Regulation: Effective for all persons becoming a B on or after April 12, a B non-immigrant may not begin to study until they have been approved for the F or M classification.
  4. The TSC is now rejecting any 539s using older versions of the form. The only acceptable one is dated September 4, 2001.
  5. Riding Applications for Extension of Stay/Change of Status (Form I-539) should be adjudicated at the same time of the principal's Form I-129. If the principal receives a decision on her/his case, but the dependent has not received a decision on her/his pending Form I-539, please fax the inquiry to the appropriate fax number.

I-751:

  1. Submit evidence that contains the names of the petitioner and spouse.
  2. Submit the petition with evidence.
  3. Affidavits alone are not sufficient evidence of a bona fide marriage.

N400:

Service centers do not schedule initial interviews for N-400’s; local offices do. Service centers do not reschedule interviews when the attorney knows in advance that his/her client needs to be rescheduled, or when the interview is missed. In order to reschedule an N-400 interview, the attorney must contact the local INS office.

 
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