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Subject: Family-Based Immigration Cases and Name Check Procedures Posted on: Thu, 19 Feb 2009 03:16:00 +0000 (UTC)

http://www.greencardfamily.com/news/news2008/news2008_1203.htm

Family-based I-485, Applications for Adjustment of Status, impacted by
the called Aytes Memo, will be put into the interview-scheduling
system in a manner designed to coordinate interview scheduling when
the name-check request has had 180 days to process. The case must be
ready for interview, meaning that all other processing steps have to
be complete.

A case is set for interview based upon the time constraints of the
local USCIS District Office. Thus, a case may be sent for scheduling
on the 180th day, but the actual interview will occur on some future
date, based upon a first-in / first-out system.

Family-based cases are those in which one's qualifying U.S. citizen or
permanent resident family member (spouse, parent, child age 21 or
over, or sibling) initiates the case by filing a petition. Family-
based cases should not be confused with employment-based cases,
initiated by a labor certification or I-140 petition filing, through
which the primary beneficiary's spouse and minor children can also
obtain permanent residence as derivative beneficiaries.

The information provided above pertains only to cases initiated by
qualifying family members, as all such cases undergo in-person
interviews at the USCIS.

As the delays caused by the FBI name check problem have impacted a
wide range of cases, including family-based petitions and
applications, this update should prove helpful to many individuals.
Family-based cases may end up taking longer than employment-based
cases to resolve, because of the need for in-person interviews and the
time and space limitations at local USCIS District Offices.

http://www.greencardfamily.com/news/news2008/news2008_1203.htm

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