AILA Missouri Liaison Committee
Teleconference with Missouri Service Center
December 19, 2001

1.      General Comments. Joyce Brown & Monica Sanders met via telephone with the MSC Liaison Committee on December 19, 2001.  The MSC Liaison committee asked for the JIT report, which had not been received yet.

2.      Effective 12/19/01, the MSC will not issue RFE Letters for cases where the I-765 application is submitted separately without proof of V status.  In the past, if the MSC had received a ‘stand alone’ I-765 application, they would issue an RFE requesting proof of “V” status if it was not enclosed.  Effective 12/19/01, the MSC will issue an Intent to Deny Letter for all I-765 cases which do not provide proof of the “V’ status.   Before issuing the Intent to Deny Letter, a complete search of the system will be done.  The Intent to Deny Letter will be issued if one of the following scenarios is indicated:
    a.      The member has failed to file the Form I-539 for V Status, or
    b.      The member has failed to obtain a V visa from the Consular Office.

To overcome, the Intent to Deny Letter on the I-765 application, the applicant must submit proof that the “ V’ status has been already approved.    If the I-765 application is denied, the denial does not preclude the member from:
a.        Filing a new I-765 concurrently with the I-539 application with the proper fees attached, or
b.       Filing a new I-765 with proof that a V visa was obtained from the Consular Office.

3.      Denial of Applications.
A Notice of Decision to Deny on an I-765, I-131, or I-539 application is NOT APPEALABLE.  The applicant can request that the case be reopened and reconsidered on a Service Motion.  The MSC will respond to such a request within 14-30 days.

A Notice of Decision to Deny on an I-129F petition IS APPEALABLE.  The applicant can submit an Appeal Form with the proper fee attached.

4.      Applicant does not receive receipt notice.
If an applicant does not receive a receipt notice, they should send correspondence to the MSC requesting the special RFE so that they can obtain their fingerprints/Biometrics.  The correspondence should indicate in bold letters at the top of the letter, “RECEIPT NOT RECEIVED.”  If the applicant does not receive the special RFE within 30 days, the AILA attorney can submit a inquiry through the MSC liaison.