New Processing Procedure for Form I-140 and I-485 at the Texas Service Center (TSC) and Nebraska Service Center (NSC)
New processing procures at the NSC and TSC regarding concurrently filed Form I-140 and Form I-485 are creating difficulties for borderline cases. Previous USCIS Memoranda required USCIS adjudicating officers who denied an Petitioner’s Form I-140 to hold the Form I-485 for up to 30 days after the Form I-140 denial in case the Petitioner chose to appeal. Then if the Administrative Appeals Office (AAO) sustained the appeal, the USCIS adjudicating officer would approve the Form I-485. Now, the USCIS will immediately deny Form I-485 when Form I-140 is denied. This means that every Petitioner should make sure that their Form I-140 petition is presented in the best possible light, especially in cases of concurrent filings. Beneficiary’s are also advised to maintain nonimmigrant status, where possible, prior to Form I-140 approval and in some cases, before Form I-485 approval.
In: Concurrent Filing, Form I-140, Form I-485, Nebraska Service Center, Texas Service Center · Tagged with: Concurrent Filing, Form I-140, Form I-485, Nebraska Service Center, Texas Service Center