Guestbook Entry for Francis King , United States
Name
Francis King
Country
United States
State
VA
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TSC Update – 06/03/09
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
NSC Updates - 06/24/09
I-485 pending cases and procedure to expedite the name check
In cases where I-485 cases are still pending for FBI background checks and if the checks have been pending more than 180 days then there is a procedure to expedite the name check. Contacting the NSC’s congressional liaison and advising them when the name check is cleared will help unless there are no other reasons why the case is being held as sometimes the cases are held back for other security processing.
Getting F-1 while I-485/AOS is pending
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.