NEW RULES TO DEAL WITH i-751

[dongaa 0]

INS ANNOUNCES NEW RULES TO DEAL WITH SLOWER PROCESSING OF PETITIONS TO REMOVE CONDITIONAL RESIDENCE STATUS IN MARRIAGE CASES

The Immigration and Naturalization Service has issued a memorandum addressing the ever-increasing processing times for I-751 cases. These are cases filed by persons who gain conditional permanent residency by marrying American citizens. Those persons are issued green cards with two year expiration dates. In order to convert the two year status to unconditional permanent residency status, the alien must file the Form I-751 Petition to Remove Conditional Residence Status within 90 days of the two year anniversary of receiving conditional permanent residency. Current INS policy requires these cases to be decided within six months of applying. However, the INS blames an increase in the receipt of N-400 naturalization applications and I-485 adjustment of status petitions for a significant slowdowns in I-751 processing that are making the six month test impossible to meet. To address the slowdown, the INS is now informing applicants that the processing time on these cases is now one year. If the case is not decided within a year, each case must be expedited for interview and adjudication within five working days of the date an applicant requests an extension of the validity of their green card or the applicant requests an interview. Applicants will receive notification that there temporary green cards are extended for an additional year during which employment and travel are authorized. For those applicants with cases pending for more than six months already, interviews will be expedited to five working days if they request an extension of the validity of their green card or they request an interview.

[antda 13]

Hi Dongaa and Everyone,

Lol...I guess this is the USCIS'/INS' "2009 New Year's Present" to all of us....

Nothing new there really, as those of us who filed at the VSC already know that it almost up to a year (11 months averaging) for I-751 cases to be approved there. So what else is new, other than making this "official", and admiting that they are somewhat incompentent there in completing cases in a timely manner?

On the other hand, they did say that "I-751 cases more than a year can be expidited through interview and adjudication within five working days of the date the applicant requests an extension of the validity of their green card or the applicant requests for an interview...For those applicants with cases pending for more than six months already, interviews will be expitided to five working days if they request an extension of the validity of their green card or they request an interview".

So I guess that is a good thing that one can have their case worked on quicker if they request for such!

Hmmm...if this is the case, can I request an interview at the 6 month mark (in February/March) beforehand? And if so, how can this be done (through infopass, or something else)? Lol...believe me I don't want to be worrying about interviews and approvals when I reach the 1 year mark (in July), which is also when I'll be about 9 months pregnant and perhaps in labour at the USCIS office if called for an interview there then!

Thanks again for this new helpful information. And yes, if anyone here does do the "I-751 expidited interviews" do let us know how that goes, as that's helpful too! Thanks Everyone.

Good luck Everyone too, on the rest of your I-751 immigration journeys! Happy New Year to all!

Ant (Still waiting at the VSC, Still waiting for Baby...)

INS ANNOUNCES NEW RULES TO DEAL WITH SLOWER PROCESSING OF PETITIONS TO REMOVE CONDITIONAL RESIDENCE STATUS IN MARRIAGE CASES

The Immigration and Naturalization Service has issued a memorandum addressing the ever-increasing processing times for I-751 cases. These are cases filed by persons who gain conditional permanent residency by marrying American citizens. Those persons are issued green cards with two year expiration dates. In order to convert the two year status to unconditional permanent residency status, the alien must file the Form I-751 Petition to Remove Conditional Residence Status within 90 days of the two year anniversary of receiving conditional permanent residency. Current INS policy requires these cases to be decided within six months of applying. However, the INS blames an increase in the receipt of N-400 naturalization applications and I-485 adjustment of status petitions for a significant slowdowns in I-751 processing that are making the six month test impossible to meet. To address the slowdown, the INS is now informing applicants that the processing time on these cases is now one year. If the case is not decided within a year, each case must be expedited for interview and adjudication within five working days of the date an applicant requests an extension of the validity of their green card or the applicant requests an interview. Applicants will receive notification that there temporary green cards are extended for an additional year during which employment and travel are authorized. For those applicants with cases pending for more than six months already, interviews will be expedited to five working days if they request an extension of the validity of their green card or they request an interview.

Edited January 1, 2009 by AntandD

[rebeccajo 14]

Where did this memo come from that refers to the Service as "INS"?

Must be pretty old.

[ELW 5]

I have been living under a rock since our AOS was approved but...what happened to all that extra cash from the inflated fees that started in July 2007? I thought they promised lots of extra employees and fast approvals for one and all??

[Kathryn41 3,205]

Well, I think it was a given that extra fees was just an excuse to get more money and there was never much real possibility that they would increase service response times. They had to 'justify' the extra demands somehow and that one seemed easiest to say - except those of us who have already experienced their appalling service record knew it wouldn't happen. This is exactly what I predicted would happen last year when they announced the fee increases - that there would be no resultant increase in service, just cost. If anything, they've slowed down. I still would like to know how they can explain the extreme differences in processing times between California and Vermont for Removal of Conditions. California is also doing AOS and Citizenship applications but they sure seem able to process I-751s in a timely manner - in fact, sometimes within 2 to 3 months.

Kathryn

(who started this visa journey June 2003)

Edited January 1, 2009 by Kathryn41

[antda 13]

Hi Rebeccajo (and Everyone),

You definitely bring up a good point there, as it is referred to as the "USCIS" now, instead of the "INS"....

So you got me thinking there, as to finding the original source of this memo (apparently the OP didn't post the link to it), and this is what I found as the source (apparently from an immigration lawyer website, and not from the USCIS website itself) of this 1997 memo, "INS Announces New Rules To Deal With....":

http://www.visalaw.com/97nov/

http://www.visalaw.com/97nov/8nov97.html

And based on that, yes, this "new memo" is outdated. However, if it was truly an "official memo" from the USCIS/INS, and if they have the same policy in affect 12 years later...hahaha, yeah right...then who knows, there might be a possiblity that one can have their case "expedited", based on this "new/old policy", which the USCIS/INS does not want to advertise about..."Happy New Year, party like it's 1997, indeed!"

Regardless, if one's I-751 case does take too long, especially if it takes more than a year as expected and extended until, then yes, by all means, inquire about it asap!

Good luck Everyone, on your I-751 immigration journeys! Happy New Year (like it's 2009)!

Ant (Still waiting at the VSC, Still waiting for Baby...)

Where did this memo come from that refers to the Service as "INS"?

Must be pretty old.

Edited January 1, 2009 by AntandD

[ianletz 0]

Effectively, that memo is old.

see on uscis.gov > news > Nov 11th 08, FY2009 goals.

Therein the projected processing time for I-751 is of 6 months. That's their aim.

Anyhow, VSC is nevertheless going backwards instead of progressing to that goal. I still don't get it. It seems they have not yet realized they are now processing cases transfered from TSC and that this won't be temporary. Indeed, they are getting slower and slower everyweek.

Meanwhile CSC is processing I751 files within 3-4 months.

Also, if the rule is to apply for removal of conditions 3 months before the exp of greencard, they should be processing the cases within that time frame. Otherwise, if they are determined to deal with this cases in a 6-12 mo period, why don't they change the rule to apply for removal of conditions at least 6 months before GC exp date?

Edited January 1, 2009 by ianletz

[pure8heart 0]

INS ANNOUNCES NEW RULES TO DEAL WITH SLOWER PROCESSING OF PETITIONS TO REMOVE CONDITIONAL RESIDENCE STATUS IN MARRIAGE CASES

The Immigration and Naturalization Service has issued a memorandum addressing the ever-increasing processing times for I-751 cases. These are cases filed by persons who gain conditional permanent residency by marrying American citizens. Those persons are issued green cards with two year expiration dates. In order to convert the two year status to unconditional permanent residency status, the alien must file the Form I-751 Petition to Remove Conditional Residence Status within 90 days of the two year anniversary of receiving conditional permanent residency. Current INS policy requires these cases to be decided within six months of applying. However, the INS blames an increase in the receipt of N-400 naturalization applications and I-485 adjustment of status petitions for a significant slowdowns in I-751 processing that are making the six month test impossible to meet. To address the slowdown, the INS is now informing applicants that the processing time on these cases is now one year. If the case is not decided within a year, each case must be expedited for interview and adjudication within five working days of the date an applicant requests an extension of the validity of their green card or the applicant requests an interview. Applicants will receive notification that there temporary green cards are extended for an additional year during which employment and travel are authorized. For those applicants with cases pending for more than six months already, interviews will be expedited to five working days if they request an extension of the validity of their green card or they request an interview.

Hi donga, I was wondering where on uscis website I can find the information you quoted in your blog. That's almost 1 year since I filed I-751, and now I am getting frustrated with the wait, and wanted to see if can request for an expedited interview. I' ll really appreciate your response.

Edited January 1, 2009 by pure8heart

[antda 13]

Hi Pure8heart,

The original source of this memo (apparently the OP didn't post the link to it), is what I found here, apparently from an immigration lawyer website, and does not exist from the USCIS website itself) of this outdated 1997 memo, "INS Announces New Rules To Deal With....":

http://www.visalaw.com/97nov/

http://www.visalaw.com/97nov/8nov97.html

Hope this helps too. Good luck on your immigration journey

Ant (Still waiting at the VSC, Still waiting for Baby...)

Hi donga, I was wondering where on uscis website I can find the information you quoted in your blog. That's almost 1 year since I filed I-751, and now I am getting frustrated with the wait, and wanted to see if can request for an expedited interview. I' ll really appreciate your response.

Edited January 1, 2009 by AntandD

[pure8heart 0]

Hi Pure8heart,

The original source of this memo (apparently the OP didn't post the link to it), is what I found here, apparently from an immigration lawyer website, and does not exist from the USCIS website itself) of this outdated 1997 memo, "INS Announces New Rules To Deal With....":

http://www.visalaw.com/97nov/

http://www.visalaw.com/97nov/8nov97.html

Hope this helps too. Good luck on your immigration journey

Ant (Still waiting at the VSC, Still waiting for Baby...)

Hi donga, I was wondering where on uscis website I can find the information you quoted in your blog. That's almost 1 year since I filed I-751, and now I am getting frustrated with the wait, and wanted to see if can request for an expedited interview. I' ll really appreciate your response.

Thanks a lot for your reply AntandD. I saw that link. You are right it's outdated, gave me a hope for a moment though. I filed at CSC 10 months ago and done with biometrics after that there is no activity on my case. I visit every month local field office, but they are no help either.

Edited January 1, 2009 by pure8heart

[antda 13]

Hi Pure8heart,

You're welcome for the help. Glad to have been able to do such here. Likewise, it did give me a moment of hope too, when I saw that memo, and then only to be somewhat disappointed when I realized it was outdated. Oh well, having some hope for awhile is better than having no hope at all.

As for your situation, since you've filed at the CSC and 10 months ago is out of the normal 3-4 months processing times there (lol..be lucky that you're not waiting at the VSC, as that's the average processing time here), then yes, do inquire about your case again. Try making another infopass appointment, and do talk to another immigration officer at your local field office. Don't give up! And who knows, hopefully you'll hear something about your case, and that it will be approved soon too.

By the way, if you meet the 3-3-3- criteria (3 years permament resident, 3 years physical presense in the USA, 3 years married to the same USC spouse), you can also file for the N-400 US Citizenship too. And in filing such, this pushes ahead the approval of your I-751 application too...

Hope this helps too. Good luck on your immigration journey too....

Ant (Still waiting at the VSC, Still waiting for Baby...)

Thanks a lot for your reply AntandD. I saw that link. You are right it's outdated, gave me a hope for a moment though. I filed at CSC 10 months ago and done with biometrics after that there is no activity on my case. I visit every month local field office, but they are no help either.

Edited January 3, 2009 by AntandD

[ForeverAmen 0]

AntandD - thanks for following up on this.