In a recent question and answer session, the Texas Service Center (TSC) has made some revelations regarding how they process certain immigrant and nonimmigrant petitions.
- Motion to Reopen; Motion to Reconsider; Appeals
When filing a motion to reopen or reconsider, the officer who originally made the decision to deny the underlying case will decide the motion. If the offier decides to deny the motion, the decision will be reviewed by a supervisor. Where an appeal is made, the TSC will not reopen or reconsider where the Service believes it made a correct decision but will forward the appeal to the AAO.
- Petition Denials without RFE or NOID
When an officer decides to deny a petition without sending a request for evidence or notice of intent to deny, that offier’s decision must reviewed by two supervisors before the denial notice will be issued.
- Notice to Appear Issuance upon I-485 Denial
Generally, the TSC will wait 30 days after issuing an I-485 denial before dispatching a notice to appear (NTA). This 30 day period provides the Applicant with an opportunity to appeal the denial before being sent to removal proceedings.
How do i find out who denied my case? And does the 33 day rule still apply if it has been since 2011?