Members of the American Immigration Lawyers Association and officials of the Immigration and Naturalization Service recently had a teleconference to discuss a variety of current issues in immigration law. The following are some of the highlights:
– The first issue raised with INS concerns last minute filing of visa applications under the now expired INA Section 245(i). AILA noted several cases where applications were delivered by the US Postal Service or via express courier and delivered before the January 14th deadline, but the INS receipt shows a later filing date. Some of these applications are now being rejected. INS headquarters states that it has addressed the issue through field memoranda, but that it would like AILA to provide specific examples of improper rejections.
– The INS stated that it will study an AILA proposal to allow applicants for I-551 alien registration cards, EAD cards and, in some cases, advance paroles, tp authorize his or her attorney to receive these documents directly by executing a G-28 and having the attorney’s name and address on the mailing address sedtion of any required INS form.
– A number of concerns were put off until the next AILA-INS meeting including employment authorization document processing problems for asylum applicants, employment authorization documents for NACARA amnesty applicants and extension of nonimmigrant visa applications for persons applying for adjustment of status to permanent residency. AILA’s question regarding a noted slowdown in EB-5 processing was subsequently answered by the release of the General Counsel memo on the subject described earlier in this newsletter.
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