AILA/VSC Liaison Practice Pointer: Multiple Change of Status Applications Pending Simultaneously for Same Beneficiary

Courtesy of AILA (American Immigration Lawyers Association):

The Vermont Stakeholder Questions & Answers of April 6, 2010, discuss multiple requests for a change of status (AILA InfoNet Doc. No. 10040832). Specifically, the Vermont Service Center (VSC) addresses situations where separate applications or petitions are pending for one beneficiary at different service centers. The VSC advised that in order to avoid denials or delays in processing, it is best to wait to file a second change of status application/petition until after the first request is approved. If you cannot avoid having multiple change of status applications pending simultaneously at multiple service centers, include a detailed cover letter with the second filing noting the following:

– Identify all pending petitions and applications involving the beneficiary;
– The order in which you would prefer the applications to be adjudicated;
– All receipt notice numbers, types of filings (i.e., I-539 seeking a change of status from J-1 to F-2), and the Service Center where each application or petition is pending;
– The names of the petitioner/beneficiary;
– The tracking number for the package, delivery service used, and date the application was filed.

USCIS will try to adjudicate cases in the requested order, although USCIS cannot guarantee they will not be adjudicated out of order.