"USCIS Service Centers: Current Benefits Issues"
Session 1 held on October 6, 2005
From Judy J. Lee
Emails for assistance to attorneys and clients affected by Hurricanes Katrina & Rita:
From Karen Weinstock
Texas Service Center expedite fax (214) 962-2632. There is a form on infonet #9365
Nebraska Service Center expedite fax (402) 323-2594 (indicated that we can use TSC form for that)
For expedites, you must provide documents in support of the application. Limited to: Severe financial loss to company, humanitarian/medical, nonprofit organization in interest of cultural and social interests of the U.S., DOD or U.S. Government agency, service error, compelling interest of service.
Motion to reopen practice tips: Members should file a motion to reopen and in the alternative notice of appeal to the AAO - using one filing fee. Ask USCIS treat this as a motion to reopen and in the alternative if they do not, transfer it to the AAO as an appeal. File Form I-290B with the motion to reopen brief to be substituted as an appeal brief. Look at 8 CFR 103.5 for motion to reopen criteria. Service motion to reopen continues to be narrow. The applicant can request a fee waiver in cases of service errors, but if this request for fee waiver is denied, the applicant loses the 30-day deadline.
Members are experiencing problems with no notice of RFE's, denials, and no updates online. Customer service has no access other than online, and no access @ 800 number or online to N-400 cases. Service Centers should be more open to accept motions to reopen in no notice cases, especially when both the attorney and applicant or petitioner did not receive notice. USCIS should extend the 30-day deadline in no-notice cases.
Members are still experiencing problems with L-1A and I-140 managerial/executive adjudications relating to small companies, and incorrect implementation of INA 101(a)(44)(C) (functional manager). It should be adjudicated based on duties, not the size of the company and how many employees a person supervises. It might be a training problem @ TSC.