Question 1 . The CSC has advised that they will be receiving I-130 petitions from other Service Centers for adjudications. Will USCIS be providing public notice on this and will transfer notices be sent to the attorneys/petitioners regarding these transfers?

Answer: USCIS will be issuing transfer notices on all affected petitions. As USCIS is authorized to shift work amongst Service Centers to assist with processing, no further public notice is required. Please note that USCIS is reviewing the case load of all of the Service Centers. It appears that CSC has extra capacity right now and may be receiving additional applications from other Service Centers in the future.

Question 2 . Please clarify the expedite procedure when the expedite request is made through the NCSC. It was our understanding that the attorney could request the expedite with the NCSC officer and then would be given the opportunity to present evidence to support the expedite. However, members are reporting denials on the request without the opportunity to provide any evidence.

Answer: It appears that there may be a misunderstanding as to the expedite process. USCIS requests that AILA provide examples so that they may be reviewed with the NCSC and the Service Centers to determine if further clarification is needed.

Question 3 . Please clarify the procedure to request biometrics scheduling for I-485s and N-400s if an initial appointment notice is not received by the applicant. Please further clarify the procedure to notify USCIS regarding those I-485s where the priority date is current (or close to current) and the fingerprint results have expired.

Answer: If the applicant does not receive an initial appointment notice within 30 days after filing, they should contact the NCSC to inquire. There is no need to followup on expired fingerprint results. USCIS is conducting sweeps to identify those applications where the results have expired or are about to expire. USCIS will make every effort to adjudicate applications prior to the expiration of the results.

Question 4 . Many applicants for naturalization under INA § 319(b) reside abroad. In those cases, USCIS is to provide fingerprint cards and is to instruct the applicant to request fingerprinting from a U.S. consul or a USCIS overseas office. Members report instances where either the U.S. consul or the USCIS overseas office declines to perform the fingerprinting. What agreements have been made between USCIS and the State Department to facilitate the taking of fingerprints abroad? What steps should a 319(b) applicant take to arrange for fingerprints to be taken by a USCIS overseas office?

Answer: USCIS is aware of the problem and is currently working with DOS on a resolution. USCIS will provide further information as it becomes available.

Follow-up question: AILA has requested confirmation as to whether or not USCIS still provides fingerprint cards. USCIS will provide a response shortly.

Question 5 . It is our understanding that USCIS will be sending I-551 permanent resident cards via priority mail in the future. This is similar to the project currently in effect for re-entry permits. When does USCIS anticipate adding I-551s to this project?

Answer: This is planned for a March 2009 implementation date.

Question 6 . Instructions for filing an extension of an L-1 petition provide that the petition must go to either Vermont or California, depending on the location of the business. The L-2 application for an extension of stay (Form I-539) accompanies the L-1 petition. However, the L-2 spouse is permitted to apply for an EAD, which expires at the same time the L-1/L-2 will expire. Instructions for the extension of the EAD require it to be sent to one of the four Service Centers depending upon residence. Thus, for individuals who file the I-765 in states with instructions to file the form in Texas or Nebraska, the forms can not be filed concurrently. Since the EAD can not be extended until the L-1/L-2 are extended, it is not clear whether or not the I-765 can be filed before an approval of the L-1/L-2 extension. Accordingly, the following questions will help to clarify the appropriate procedure to apply for the extension of both the L-2 and the EAD. A) Will the Service process the EAD extension with a copy of the receipt for the L-1/L-2 extension from the sister service center and if so, will the Service hold the I-765 and verify the approval of the L-1/L-2 extension so that the petition can be filed in sufficient time to secure a new card before the expiration of the old card; or B) Can the Vermont and California Service Centers accept and process the I-765 when filed concurrently with the L-1/L-2 petition and application to extend NIV stay.

Answer: Applicants should follow the instructions on the I-765 regardless of other applications being filed. An RFE should not be issued requesting additional information as the adjudicator should be able to look up the pending I-539 if a receipt notice was included in the I-765 filing. If the receipt notice was not yet issued, an RFE may be issued for this information. Therefore, if you can file the I-539 first and wait for the receipt, that may be the most efficient. USCIS also requests that AILA provide examples of instances where the applications were separated and an RFE issued, to determine if any changes in process are warranted.

Question 7 . AILA would like to request clarification as to the proper filing location for an I-539 for dependents of E visa holders who wish to file extensions based upon the principal having traveled and obtained a new I-94 period beyond what the dependents currently hold. The instructions to form I-539 indicate that the Application should be filed where the principal's I-129s was filed. In this case, there is no I-129, so should the I-539 be filed in California (where all E I-129s go) or to the Service Center where the I-539 applicants actually reside?

Answer: Form I-539 should be filed at the California Service Center. The form instructions will be revised in the future to reflect this. In the meanwhile, if the I-539 is filed with the VSC in this scenario, it would be transferred to CSC since the instructions do not list the appropriate filing location.