Changes in I601 filing location

[Used to be broken 147]

Laurel: Good morning. I have bad news. Here is the article I just posted on my website.

Laurel: Direct USCIS Acceptance of I-601s in CDJ

Beginning in March of 2011, USCIS started transitioning from having DOS clerks accept the waiver packet to having USCIS clerks accept the waiver packet "directly" in CDJ. The transition is now complete and they are operating that office with 100% USCIS clerks. But attorney and applicant will notice no difference. Waiver appointments are still made through a DOS contractor and the consulate still has to 'clear' the applicant to file the waiver before the appointment can be made. There is no detectable advantage to the attorney or applicant for this change.

Lockbox Acceptance of I-601s later this year will require that the consular interview take place first

Beginning no earlier than November of this year (possibly later), applicants will mail their waiver packets to a lockbox in the US following the consular interview. They will not be able to file the waiver in advance of the consular interview. This will eliminate some of the problems we have had with consulates creating their own requirements for accepting the waiver, problems with consulates not transmitting the entire packet, consulate requiring applicants to travel back to the consulate a second time to file in person, and problems with consulates hanging on to waiver packets for three months before sending to USCIS. It will also make the process cheaper for the government and will increase consistency in adjudications (consistency does not necessarily mean approval rates will improve or even remain the same). On the downside, the alien still must depart the US before filing and remain abroad while the waiver is adjudicated. So the biggest challenge in foreign waivers - family separation - remains. And the thing attorneys most wanted with lockbox filing - decision in hand before departure - is not in the plans. Also, the new procedure jeopardizes the Rapid Adjudication Program in Ciudad Juarez. [i forgot to ask about that on the call. I sent an email and am awaiting reply in regard to whether lockbox filing will kill the CDJ rapid adjudication program.]

With lockbox filing, it is undecided whether packets will be accepted if they have not been cleared by the consulate

Where the consulate finds the applicant ineligible to apply for a waiver (e.g. false claim of citizenship for a minor), it is possible that the applicant will be able to bring questions of law to USCIS via the waiver. That is still being ironed out, but it looks like it will be possible. However, USCIS is taking the position that they cannot review questions of fact found by the consulate (e.g. whether your client made an unwritten, unsigned confession to a false claim of citizenship in the un-recorded, unwitnessed consular interview).

Concurrent I-130/I-601 filing is still being considered, but is a 'no-go' for the forseeable future

Filing the I-601 and having a decision in hand before the alien departs remains controversial for many reasons (that I won't get into here). It is not impossible that it will happen in the next one to three years, but for the moment there are no plans to make it happen any time soon.

It has not been decided where lockbox filings will be adjudicated

USCIS is still in the process of determining where in the US the lockbox filings will be adjudicated. It will not necessarily be Anaheim.

The computer/procedure problems in CDJ have nothing to do with USCIS

The problems scheduling waiver appointments and all the changes in procedure down at the consulate in CDJ have nothing to do with USCIS or any changes happening with USCIS. Questions about such problems should be addressed to DOS. However, it was noted that USCIS' role in the rapid adjudication program has stretched out to 2-3 weeks. The initial decision is then handed to the consulate to send to the applicant via DHL.

Laurel: I will give you all a moment to read that and then I will move on to the questions for this week. While the above information was provided by a USCIS official who cleared me to pass it on, it should not be considered an official statement from the agency. The above includes commentary that is my own. Anything that appears to be an opinion should be considered MY opinion.

See top of chat log for info on proposed changes on I601 filing at lockbox after interview.

*also see end of chat for QA on this new process

http://immigrate2us.net/forum/showthread.php?100715-Laurel-Chat-Log-for-7-27-11&p=1157772#post1157772