seven months fairly recently. Can you please let us know what we can expect in the coming months. What is the mandated time frame for I-730 cases?
Answer: Actual processing dates fluctuate due to cases pending for security checks (fingerprints and name checks), removal of conditions for Chinese Coerced Population Cases, and biometrics for beneficiaries in the United States. We adjudicate these cases as soon as results are received and they might not be in chronological order.
I-730 and I-485 petitions pending at the same time: Please describe the procedure
followed when there are two petitions (i.e., I-730 and I-485) pending at the same time with two separate examiners at NSC. Does review of one petition get delayed until the other is resolved? Once a decision has been made in one case, is there a tickler system so that the A file will be sent to the other examiner handling the second pending application? Is it important for the CBO that files an I-485 to “flag” the fact that a previously filed I-730 is still pending? What
files do NOT require the review of the A file in order to make a decision – I-131 RTD and/or I- 765c(9) applications?
Answer: At the time of adjudication, the I-485 adjudications officer will have the applicant’s A file and will check to see if the applicant has a valid asylum or refugee status before adjudicating. If the applicant has no status, then the officer may deny the I-485 application. Also, there is a one year physical presence in the US requirement for adjustment of asylees and refugees that must be met or their I-485 applications will be denied.
In most instances, we work the I-730 first and return the I-485 back to its original processing section. We have a particular workflow distribution system to return the petition to the next step in processing.
If a refugee/asylee child is likely to turn 14 between the time that an I-485 application is
filed and is adjudicated, should the $70 biometrics fee be included with the initial I-485 filing? Or will the NSC send an RFE requesting it if the case is not adjudicated by the time the child turns 14?
Answer: The fees should be appropriate for the applicants’ age at the time of filing. Since our computer system will not allow the $70 biometric fee for an applicant less than 14 years of age, the $70 check will be returned if it is a separate check or the I-485 will be returned for improper fee if there is one check for both application and biometrics.
Please consider these examples/address them in your response: Ex #1: A child will be 14 on Sept. 30, 2006, but the I-485 application was mailed/received by the NSC on Sept. 29, 2006. Should the biometrics fee be included? Ex #2: A child will turn 14 three months after the I-485 application is mailed/received by the NSC.