VAWA Adjustment Applications Accepted at VSC

Posted: December 20, 2005

The National Benefits Center (NBC) has informed representatives from AILA that that any I-485 applications filed under the Violence Against Women Act (VAWA) should be sent to the Vermont Service Center (VSC) rather than the NBC.

VAWA-based I-485 applications can be filed with the Vermont Service Center (VSC), either after the I-360 has been approved or concurrently with a new I-360. If the I-485 is filed concurrently with the I-360, the VSC will adjudicate the I-360 and send the I-485 to the Field Office. If the I-485 is filed with Vermont after the I-360 is filed/adjudicated, the VSC will forward the I-485 to the Field Office. This policy is in place despite the 11/19/2004 Federal Register Notice (69 FR 67751) instructing that I-485s filed by beneficiaries of an approved I-360 as a battered spouse or child be filed with the Lockbox and processed by the NBC.

In response to AILA liaison inquiry, the NBC acknowledged that the reason for this policy is that they are not set up to handle the special identification of these cases that is needed in order to provide the necessary confidentiality and sensitivity to address and mailing issues.

I-485 Cases Transferred back to VSC from NY District Offices

Posted: December 1, 2005

The Vermont Service Center reports that 10,000 employment based adjustment of status cases (I-485s) transferred to the New York District Office have been transferred back to the VSC. These cases were initially moved to the New York District Office for interviews. They have now been returned to VSC, however, to determine if any of the cases can be decided without an interview.

Another 7,000 adjustment of status cases have been transferred from the D.C. office to VSC for evaluation.

It is believed that a significant number of these cases will be adjudicated at the VSC. Upon further review at the VSC, some cases will still need to be interviewed, and again, they will be re-sent back to the appropriate District office.

A very small number of the affected cases received an erroneous notice indicating that the U.S. Department of State (DOS) transferred these cases back to the VSC. These cases do not involve the DOS. If a person with a case that had been transferred to the New York or Washington D.C. District Office receives a notice regarding a transfer from DOS, they may disregard the notice.