Expediting Biometrics and Advance Parole at the Nebraska Service Center

Greg Richardson, Acting Director of the Nebraska Service Center (NSC) held a question and answer conference with AILA regarding requests for expediting biometrics and advance parole.

Due to processing guidelines mandated by USCIS Headquarters, the NSC is unable to expedite biometrics and advance parole because the filings that were made to the NSC had to be forwarded to a lockbox facility which takes the cases in, fees the receipt and then forwards the application to the NSC.  Until the lockbox location forwards the file to the NSC, the NSC cannot expedite anything.

In our experience, it is much easier to get an advance parole expedited when efiling the advance parole application and visiting the USCIS local office.

Recent Success in the National Interest Waiver Category (NIW)

While our firm has always had great success in getting green card applications approved through the national interest waiver category, we have recently have enjoyed noteworthy success in getting them approved quickly.  In the past, we normally saw cases take roughly 10-14 months for NIWs to be approved and green cards to be issued.  Currently, both the Texas Service Center and Nebraska Service Center are showing that processing times are roughly 12 months for NIW Form I-140.  However, in several of our most recent NIW cases, we are receiving NIW approvals, including issuance of green cards, in 4 months or less.  One case in particular was approved in less than 3 weeks!  Bear in mind that premium processing is not available for NIWs.  We encountered the rate situation where both Form I-140 and Form I-485 were approved before the applicants even attended their biometrics appointment!  The green cards were mailed out shortly after the biometrics were taken.  It took a lot of hard work on our part to get these cases approved so quickly and we are working to duplicate these results on behalf of the rest of our clients.

Redacted copies of the latest approval notices are below.

NIW Green Cards Approved in Three Weeks!

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.