Recent Trends in Immigration

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Of late we have noticed a few irregularities in the manner in which USCIS is functioning:

  • Erroneous G-28 rejections; – we have seen an increase in rejections of G-28 Forms (Notice of Entry of Appearance as Attorney). Properly filed forms are being rejected by USCIS, therefore these forms are being separated from the cases and Attorney Representations are no longer being aligned to the case; Resubmitted G-28s takes several months to be processed, and  subsequently we do not receive the receipt/ approval notices;
  • I-539A Receipts (for dependent children’s are not being issued by the USCIS; Although a form I-539A is being filed along with the I-539 form – the USCIS has stopped issuing the receipt notice for these petitions – making tracking cases very difficult; dependents not being listed on the main H4 applicant’s receipt notices either;
  • EADs are being delivered to attorney address (INCORRECTLY) when the G28 specifically requested delivery to the applicant’s address;
  • Processing time – NSC H1B processing time has increased to 7.5 months and VSC is 10 months;
  • PERM Applications are now taking 497 days to be adjudicated;
  • This delay in processing times has led to the need of filing several Service Requests for cases that are being past their adjudication dates;
  • There is also a delay in generation of receipt notices – instead of the normal 1-2 weeks, sometimes receipts are being received within 3-4 weeks;
  • There is an increase in spelling errors or personal details in I-797 receipt or approval notices;
  • We have noticed cases being returned for incorrect reasons; which probably arises due to mistakes made in the mail room; and
  • Lockbox delays: Since petitions are now submitted to lockboxes instead of to the Service Center, we have noticed a delay in checks being cashed and receipts being issued, at times taking 45 days. When we call the USCIS or place a service request for a missing receipt notice, we are always told to email the lockbox. The lockbox is supposed to respond within 30 days, but we have noticed that they often do not respond until multiple follow ups.

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