April 9, 2003

Local BCIS Seeking Narrow Interpretation of Adjustment Portability

At a recent meeting with the Baltimore office of the Bureau of Citizenship and Immigration Services attorneys of the local chapter of the American Immigration Lawyers Association were informed that Baltimore has sought guidance from an appellate body dealing with the issue of portability in employment based immigrant cases. Specifically, the office has requested guidance on two cases dealing with portability where the new position (to which the person ported) is in a different state from the original position. The service's position is that since AC21 is silent as to location, a job that is not in the same location (or Metropolitan Statistical Area) is deniable.

This will probably result in further delays in the adjudication of cases in Baltimore, and possibly other places. GT will provide further updates as they are available and will continue to advocate for the broadest possible interpretation of the provision.