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ADJUSTMENT OF STATUS PROCESSING PLACED ON HOLD AT ALL INS SERVICE CENTERS

The Immigration and Naturalization Service has revealed that it has suspended processing of all I-485 Adjustment of Status cases filed with the four regional INS Service Center on or after April 1, 1998.

The INS blames the suspension on an error made by EDS, its outside computer contractor. EDS provides and maintains the INS' case management software. The CLAIMS software apparently failed to deliver fingerprint data tapes to the Federal Bureau of Investigation and the Central Intelligence Agency in a format readable by each of those agencies. The problem has been handled with the FBI and fingerprints are current through September 1998. The CIA is only up to April 1998, however.

The INS reported the problem in a recent teleconference with representatives of the American Immigration Lawyers Association. They were not able to provide an estimate on how long the hold would take or the long-term impact of the problem on processing times.

The INS did say, however, that only cases at the Nebraska Service Center would be immediately impacted since the backlogs at most INS offices are considerably longer than seven months. The agency also noted that cases in danger of aging out because a child is close to 21 ARE NOT being processed. AILA recommended to its lawyers that they consider filing mandamus lawsuits in Federal Court to force INS to finish these cases on time.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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