Cite as "AILA InfoNet Doc. No. 07092410 (posted Sep. 24, 1997)"
Subject: Section 245(i) Sunset
Date: September 19, 1997
To: Regional Directors
Service Center Directors
From: Office of Field Operations
Section 245(i) is currently scheduled to sunset on September 30, 1997.
Although Congress is considering this provision in the FY98 Commerce
Justice State Appropriations Bill, you must be prepared to accept all
applications which have been delivered to your offices up until midnight to
September 30th. Please prepare for last minute filings under section 245(i)
by taking the following measures:
1) You will need to either extend your normal business hours, or make other
provisions to accept applications, in order to accommodate last minute
245(i) filings through midnight, September 30th. One option is to utilize
an authorized drop box for applications. If you do so, you must ensure that
the appropriate number of authorized INS personnel are present until you
close the door at midnight. Service Centers, while exempt from the above
requirements, must ensure that they document all mail received up through
the evening of September 30th as having been received prior to October 1st.
2) You must post a notice in your lobby, or outside of your building, and
notify your local voluntary agencies, congressional offices, media, and
all other interested parties as to the provisions you have made to service
last minute applications.
3) You may not pre-screen, or turn away any applicant who believes that
he/she has a claim of eligibility under section 245(i), as long as you
receive his/her application in your office before the midnight deadline.
4) For all 245(i) applications received prior to midnight of September
30th, you must record the date of receipt as the filing date, not the date
that you fee-in the application. However, you must not consider the date
of receipt as the legal filing date until you determine that the
application meets all of the requirements for proper filing. (See 8 CFR
Section 103.2(a)(7)(i) and (ii).) Therefore, we strongly recommend that
every office segregate and date stamp all applications, or the envelopes
containing mailed in applications, which you receive prior to October 1st.
If you anticipate an overwhelming number of last minute applications, you
may want to utilize a metered date stamp in your process.
5) When you begin to process the 245(i) applications you receive prior to
October 1st, do not process them out of order, but follow your normal
procedures. Once you begin to fee-in and review these applications, you
may find many which were filed improperly, or whose applicants are
ineligible under 245(i). Treat these applications as you would any others
which do not meet the criteria for filing. However, these applicants will
not be able to reapply at a later date. Also, after September 30th, any
applicant who has filed previously under 245(a) will no longer be able to
amend his/her application in order to file under 245(i).
6) If you determine that an application for 245(i) benefits has been
properly filed, but requires further evidence, do not reject the
application for further evidence. Rather, as provided in 8 CFR Section
103.2(b)(8) and (10), hold the application and request that the applicant
provide the further evidence.
7) If you receive any 245(i) applications after midnight of September 30th
which you consider properly filed except for the fact that the sunset date
has passed, do not fee them in, but date stamp and hold them pending
You will receive further information with regard to Section 245(i).
We are attaching a "Sample Template" which you may use to inform outside
organizations about the provisions you have made to serve last minute
applicants (see Attachment 1). Also, we are attaching "245(i) Adjustment
of Status and Grounds of Inadmissibility, Questions and Answers" (see
Attachment 2). Attachment 2 is for internal use only to assist you in
responding to queries on this issue. Do not distribute it out of your
office. If you have any questions regarding this matter, please contact
either Ray Sleeper 202/514-8620 or Janis Wood 202/514-8347.
Mark K. Reed
Acting Executive Associate Commissioner
[Editors Note: The Attachments will be posted at a later date.]