The Immigration and Naturalization Service has made an announcement that is intended to address the ever-growing problem of lengthy adjustment application processing times. Effective November 29, 1996, employment-based applicants for adjustment of status to permanent residency will file their applications by mail directly with the four regional INS Service Centers instead of a local INS office. Applications must be based on an approved I-140, I-526, or I-360 application. Applications for dependent relatives of employment-based applicants will also be processed regionally. The regional centers will also handle employment authorization and advance parole applications normally filed in conjunction with I-485 adjustment applications. If an employment authorization or advance parole application is filed after the I-485 is submitted, it should be accompanied by an I-797C receipt notice for the adjustment application. Employment authorization and advance parole applications may also be filed at a local INS office. If an adjustment application is transferred back to a local INS office for an interview, employment authorization and advance parole applications MUST then be filed at the local INS office.
Upon approval of the application by the regional office, the applicant will be directed to the local INS office to complete a Firn I-89 Data Collection Card for the capture of the biometric data (photograph, index fingerprint and signature) required for the production of the Alien Registration Receipt Card (the “green card”). Eventually, the INS hopes to eliminate the need for a separate Form I-89 card so that local INS processing can be avoided altogether.
As noted above, the new rule is effective November 29, 1996. For sixty days thereafter, local INS offices will continue to accept applications, but the local office can opt to forward the application on to the regional INS office. After January 28, 1997, applications covered by the rule that are filed at a local INS office will be returned to the applicant without being processed. The applicant must file with the regional office.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.