Submitted Questions for USCIS : Austin AILA Meeting May 23, (Answers are summarized and are not verbatim)

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1 Submitted Questions for USCIS : Austin AILA Meeting May 23, 2014 (Answers are summarized and are not verbatim) 1. Can you please provide an update on staffing levels and adjudication time frames? A: One adjudicating officer has been sent to the NBC temporarily to assist with the I- 601A backlog there. Currently two of the ISO-2s are on leave. Adjudication times are slower this year than SNA would like. Also, some interview-waived cases, such as I-130s, are being handled at SNA instead of the California Service Center, which takes up additional time. 2. Parole for non-cuban spouses and children of Cuban LPR's: If an application for parole for the undocumented Mexican spouse of a Cuban is mailed in, can the parole be granted? (The Mexican spouse was not admitted- entered EWI- and we want to qualify her for Cuban adjustment which requires an entry with inspection or parole). A: Parole in place is adjudicated on a case-by-case basis. The request should be sent in writing to the attention of the District Director. In order for a parole of this nature to be granted, it would need a showing of compelling humanitarian reasons. 3. We are seeing more I-751 interviews, particularly Battered Spouse Waivers, being adjudicated through SNA. What are the criteria for cases being set to an interview and are SNA officers specifically trained to review DV cases? A: The decision to schedule an applicant for an interview is made at the service center level. Yes, SNA officers are trained in the criteria to adjudicate battered spouse waivers. 4. Can SNA Adjudications office request A files for VAWA AOS cases that have been submitted to VSC, transferred to NBC, and are now stuck there? A: If a case is lingering at NBC for longer than two months, please send a request to sna.adjudications@uscis.dhs.gov and we will review the request. 5. If we have SIJS case in proceedings is there a way to bring that to the attention of the San Antonio office for quicker adjudication? A: Yes, please submit the inquiry to sna.adjudications@uscis.dhs.gov. 6. Regarding S.I.J. processing of I-360 s: local office is now routinely issuing RFE requests for affidavits by children on where, and how [the child] entered the United States. Can U.S.CIS explain/clarify the purpose/relevance of this information when adjudicating the I-360 petition?

2 A: The information is required for various purposes and if it was left blank on the form, the RFE will be issued. An acceptable answer, which may avoid an RFE is to state, unknown. 7. San Antonio's procedures for Parole in Place and who the request should be directed to? A: General requests for parole in place should be sent in writing to the District Director, except that requests for Military Parole in Place should be sent to the Field Office Director. The guidelines for Military Parole in Place can be found in the policy memo PM Military Parole in Place requests should include a completed Form I-131, but there is no filing fee required. If all is in order, the applicant may receive adjudication of the case at the interview. 8. Is a single conviction for DWI within the look-back period, sufficient to find lack of good moral character in a naturalization case? A: A DWI is considered an unlawful act, which may preclude a finding of good moral character during the statutory look-back period (3 or 5 years). So the short answer is yes, it is sufficient to find lack of good moral character, but the applicant may bring in evidence of extenuating circumstances and that evidence will be considered. 9. When do you require translators to attend an adjustment of status hearing? Is your policy on this issue the same for Spanish speakers? A: (From Mr. Saucedo, Adjudications) All applicants must bring an interpreter if they are not able to communicate in English. The interpreter must be fluent and competent to speak in both languages. CIS is under no obligation to provide a language interpreter for adjustment applications. However, many of the officers speak Spanish and will be able to conduct the interview in Spanish. (From Mr. Marshall, Naturalization) During a natz interview, if the applicant meets the statutory period to conduct the interview in their native language, CIS will use a telephonic interpreter service. They will also allow for the attorney to interpret if they are competent in both languages. (From Ms. Mueller-Cantu, Field Office Director) We will try to come up with a uniform policy on interpreters across sections. 10. Do you accept filings for I-131 Humanitarian Parole in extraordinary circumstances? If so, what procedure should we follow and how should the case be fee'd in? A: If the applicant is outside the U.S., then the application must be submitted in accordance with the directions found on our website: If the applicant is inside the U.S. and requesting parole in place, the request may be submitted in writing and sent to the District Director, but does not need to include an I-131.

3 11. Please provide an update on how IR adjustments are being treated if the applicant entered on advance parole (ie TPS or DACA) and had unlawful presence which would have triggered 212(a)(9)(B) before the Arrabelly/Yerrabelly decision. Any estimate of when guidance will come from headquarters on these cases if they are still being held in abeyance? A: The San Antonio District Office is awaiting guidance, but is not currently holding any cases in abeyance. 12. Please provide an update on the adjudication of same-sex marriages? Can you tell us how many case have been approved? Is there any particular guidance? A: Same-sex marriage cases are being adjudicated according to the same guidance as opposite-sex marriage. There are no statistics available on how many cases have been received or approved. Open Q&A Period 13. Q: Some AILA members in Austin have experienced resistance at the Austin Application Support Center when our clients try to have their biometrics renewed for upcoming EOIR hearings, even when they present a hearing notice and a letter from the attorney. How can we improve that service? A: Director Mueller-Cantu will take that back with her and investigate why that has happened. There are also plans to hire another CIS officer to be on duty full time at the Austin ASC, which may help with problems such as that one. A request has also been made to have InfoPass set up for Austin, although no promises. 14. Q: (Director Mueller-Cantu requested feedback on experiences AILA members had had with SADO and the adjudicators). One AILA member expressed that Officer #11 was particularly harsh with clients during interviews, treating them as though they were lying. Other members agreed. A: Director Mueller-Cantu encouraged attorneys to send their complaints about this or any other officer, and to be specific about the officer s behavior. The complaints may be submitted to her in writing, in paper format to her attention at the Fourwinds Drive address, or electronically to sna.adjudications@uscis.dhs.gov. Only Mr. Saucedo has access to that account and he will forward those inquiries to her directly. She will give the officer an opportunity to respond, but promises that it will not affect the outcome of the application or petition.

4 15. Q: Why is it taking so long for InfoPass appointments to become available/why are they so scarce? It also doesn t seem as though submitting a cancellation request actually cancels the appointment, because that time slot doesn t re-open. A: The availability of InfoPass appointments depends on staffing levels and availability. They may actually become less available in the short term because SNA will soon be taking on adjudication of I-90s in order to help with NBC s 500,000 case backlog. Director Mueller-Cantu will take up the issue of the cancellation requests with the person who developed InfoPass, whom she happens to know personally. 16. Q: During naturalization interviews, clients from the Austin area may decide to go to the interview without an attorney accompanying them, then find themselves in a situation where they are advised by the officer to withdraw their application, to avoid a denial. Is it possible for the adjudicating officer to contact the attorney of record, before accepting a withdrawal, if the applicant has a G-28 on file? A: Director Mueller-Cantu is currently reviewing the policy of officers advising applicants to withdraw. She is in favor of issuing a denial instead of a withdrawal, to allow the applicant due process and the opportunity to appeal the decision. She will take the suggestion of contacting the attorney into consideration. 17. Q: What is SADO s policy regarding the selective service registration requirements for naturalization? A: If the failure to register falls within the statutory look-back period for GMC, then the adjudicating officer will look at the issue carefully. The officer can usually determine if the applicant registered, either by checking online or calling to the selective service hotline. If there is no evidence that the applicant was registered, then they should request an advisory opinion letter from the selective service. There is key wording in the advisory letter. If the letter states that the selective service sent the applicant a notice and they failed to register, and they are within the look-back period, then they will likely be denied for lack of GMC. If the advisory letter does not contain that language, then the applicant may still be eligible for approval. Also, if the individual adjusted status at any time after 2001, then CIS would have automatically submitted his information to the Selective Service, as part of the adjustment process. If the applicant is already past the statutory look back period, then no advisory letter is required. 18. Q: What can you tell us about the adjudication process with the new form N-400?

5 A: The longer form does result in a longer interview, by about 7-10 additional minutes. Therefore, there are fewer interviews scheduled in a given day. Overall, the additional questions allow officers to screen better for derivative citizenship and better determine whether applicants are supporting dependents/children. No feedback as of yet for attorneys on how the forms are being completed. 19. Q: If we want an NTA, how can we request one? A: Send the request in writing if the case is under CIS jurisdiction, for instance, if you received a denial on an adjustment application. Also, if it s your strategy to have the NTA issued following a denial on an N-600 case, let the officer know, otherwise they tend to shelve those cases and not forward them to ICE. 20. Q: Any update on the Khalid cases? (Priority date retention for the derivative beneficiary of an immigrant petition, who ages out, even under CSPA, but could otherwise adjust under 2B preference category with a petition filed by his or her LPR parent). A: SADO is currently holding on to about 30 of those cases, pending a decision in Mayorkas v. Cuellar de Osorio.