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1998

  • INS on 245(i) Filings (11/6/1998)
    A 10/15/98 letter from Janice Pololny, Associate General Counsel (INS) regarding 245(i) filing received by INS after the January 14 deadline. AILA Doc. No. 98110681.
    AILA Doc. No. 98110681.
  • Asylum Officer Training Materials on Filing Deadline (11/6/1998)
    8/98 training manual and lesson plan for INS asylum officers on the one year filing deadline. AILA Doc. No. 98110680.
    AILA Doc. No. 98110680.
  • INS Provides Guidance on Granting Fee Waivers (10/9/1998)
    A 10/9/98 memo from Michael Pearson, Executive Associate Commissioner (INS) providing instructions and processing guidance for adjudication of fee waiver requests filed pursuant to 8 CFR 103.7(c). AILA Doc. No. 98100991.
    AILA Doc. No. 98100991.
  • INS Memo with New Detention Guidelines (10/7/1998)
    A 10/7/98 memo from Michael Pearson, Executive Associate Commissioner (INS) providing instructions on the application of the new detention guidelines.
    AILA Doc. No. 98100791.
  • INS General Counsel on EB-5 Petitions (9/11/1998)
    A 9/10/98 letter from David Dixon, Deputy General Counsel (INS) to AILA Immigrant Investors Committee (Linda Lau) regarding adjudication of EB-5 petitions. AILA Doc. No. 98081091.
    AILA Doc. No. 98091091.
  • INS Additional Guidance on NACARA Motions to Reopen (9/10/1998)
    A 9/9/98 memo from Paul Virtue, General Counsel (INS) providing additional guidance on NACARA motion to reopen. The memo advises regional and district counsel to utilize restraint in opposing motions to reopen. AILA Doc. No. 98091080.
    AILA Doc. No. 98091080.
  • INS on NACARA Motions to Reopen Regarding Dependents (9/1/1998)
    A 9/1/98 memo from Paul Virtue, General Counsel (INS) stating that NACARA-eligible individuals must file MTRs no later than 9/11/98. The memo specifically addresses the issue of dependents of NACARA-eligible individuals. AILA Doc. No. 98090180.
    AILA Doc. No. 98090180.
  • INS on Civil Surgeons Designate, Vaccination Requirements (9/1/1998)
    A 7/30/98 memo from Jacquelyn Bednarz, Acting Associate Commissioner (INS) on the designation of additional civil surgeons to facilitate the medical exam required for refugees seeking adjustment of status and clarifying the vaccination requirements for refugees. AILA Doc. No. 98090180.
    AILA Doc. No. 98090180.
  • INS on EB-5s, Invested Funds in Escrow (8/31/1998)
    An 8/28/98 memo from Robert Bach, Executive Associate Commissioner (INS) providing Service Center officers with instructions on placement of invested funds in escrow by petitioner seeking classification as an alien entrepreneur. AILA Doc. No. 98083198.
    AILA Doc. No. 98083198.
  • INS Extends TPS for Bosnia and Montserrat (8/26/1998)
    An 8/21/98 memo from Michael Pearson, Executive Associate Commissioner (INS) extending temporary protected status (TPS) for Bosnia until August 10, 1999 and for Montserrat until August 27, 1999. AILA Doc. No. 98082680.
    AILA Doc. No. 98082680.
  • INS Memo on Authority to Parole Applicants for Admission (8/21/1998)
    An 8/21/98 memo from Paul Virtue General Counsel (INS) on the authority to parole applicants for admission who are not also arriving aliens. AILA Doc. No. 98082191.
    AILA Doc. No. 98082191.
  • INS on FY098 H-1B Cap Gap (8/20/1998)
    An 8/19/98 memo from Michael Pearson, Executive Associate Commissioner (INS) clarifying issues raised regarding the change of status for beneficiaries of timely filed petitions subject to the FY98 H-1B cap. AILA Doc. No. 98082080.
    AILA Doc. No. 98082080.
  • INS on "Nunc Pro Tunc" Extensions of H-1B/L-1 Status (8/7/1998)
    A 7/28/98 memo from Jacquelyn Bednarz, Acting Assistant Commissioner (INS) on extensions of H-1B and L-1 status for adjustment applicants whose I-485s were pending between March 17, 1997 and September 5, 1997. AILA Doc. No. 98080781.
    AILA Doc. No. 98080781.
  • INS Extends Time for EB-5 Withdrawals, New Filings (8/7/1998)
    An 8/4/98 memo from Michael D. Cronin, Acting Associate Commissioner (INS) on the extension of time to withdraw a "held" immigrant investor petition and file a new petition in its place. AILA Doc. No. 98080780.
    AILA Doc. No. 98080780.
  • INS on Citizenship Test Certificates (7/7/1998)
    A 6/15/98 memo from James S. Angus, Acting Executive Director (INS) reminding all INS offices of the requirements regarding the acceptance of citizenship test certificates. AILA Doc. No.98070781.
    AILA Doc. No. 98070781.
  • INS on Form G-325 for Naturalization Purposes (7/7/1998)
    A 6/15/98 memo from James Angus, Acting Executive Director (INS) announcing the elimination of Form G-325 for naturalization purposes. New technology permits the electronic sending of information from INS Service Centers to the FBI. AILA Doc. No. 98070780.
    AILA Doc. No. 98070780.
  • Revised INS Memo on the EB-5 Hold (7/6/1998)
    A revised 6/12/98 memo from Joseph Greene, Acting Associate Commissioner (INS) that supersedes the 6/12/98 field memo which provided instructions on handling EB-5 cases being held or certified to the AAO, as well as handling conditional resident situations. AILA Doc. No. 98070680.
    AILA Doc. No. 98070680.
  • INS Memo on Convention Against Torture (7/6/1998)
    A 4/27/98 memo from Joseph Langlois, Deputy Director (INS) providing guidance on procedures and the role of the asylum officer in the Article 3 of the Convention against Torture process.
    AILA Doc. No. 98070681.
  • INS on Kosovo Province TPS Program (6/26/1998)
    A 6/15/98 memo from Joseph R. Greene, Acting Associate Commissioner (INS) discussing the Temporary Protected Status (TPS) program in the United States for eligible residents of Kosovo Province. AILA Doc. No. 98062680.
    AILA Doc. No. 98062680.
  • INS Memo on Procesures for EB-5 Hold Petitions (6/21/1998)
    A 6/21/98 memo from Joseph Greene, Acting Associate Commissioner (INS) providing Service Centers with the procedures that are to follow for adjudicating immigrant investor petitions (Forms I-126 and I-829) that have been placed in the hold pursuant to the 3/19/98 INS memo. AILA Doc. No. 98062180.
    AILA Doc. No. 98062180.
  • INS on Worksite Enforcement Operations (6/15/1998)
    A 5/22/98 memo from Michael Pearson, Executive Associate Commissioner (INS) providing direction for the conduct of worksite enforcement operations. AILA Doc. No. 98061580.
    AILA Doc. No. 98061580.
  • INS on NACARA Dependents (6/1/1998)
    A 5/15/08 memo from Paul W. Virtue, General Counsel (INS) discussing NACARA dependents who may be eligible to apply for benefits following a grant of suspension of deportation or cancellation of removal to a qualified spouse or parent (NACARA principal). AILA Doc. No. 98060180.
    AILA Doc. No. 98060180.
  • INS on EB-5 Removed from Hold (5/21/1998)
    A 5/21/98 memo from Jacquelyn Bednarz, Acting Assistant Commissioner (INS) providing Service Centers with procedures that are to be followed when attorneys with immigrant investor petitions that are subject to the current hold seek to have their case removed from the hold. AILA Doc. No. 98052180.
    AILA Doc. No. 98052180.
  • INS Memo on False Claims to U.S. Citizenship (4/6/1998)
    A 4/6/98 memo from Joseph Greene, Acting Associate Commissioner (INS) providing guidance on the implementation of the new provisions under section 212(a)(6)(C)(ii) with respect to aliens who have made false claims to U.S. citizenship.
    AILA Doc. No. 98040691.
  • INS on EB-5 Hold (4/2/1998)
    A 1/11/98 memo from Micheal Cronin, Acting Associate Commissioner (INS) regarding immigrant investor (EB-5) petitions. Service Centers are instructed to hold these cases. This memo is a follow-up on an earlier one from the INS General Counsel. AILA Doc. No. 98040280.
    AILA Doc. No. 98040280.
  • INS Advises on Three- & Ten-Year Bars, Departure (3/23/1998)
    A 3/28/98 letter from Pearl B. Chang, Branch Chief (INS) discussing whether an individual under an outstanding order of removal would be subject to the three- or ten-year bars to admission under section 212(a)(9)(B)(i)(I) and (II) of the Act. AILA Doc. No. 98032391.
    AILA Doc. No. 98032391.
  • INS on Orphans Vaccines (3/20/1998)
    A 3/20/99 memo from Jacquelyn Bednarz, Acting Assistant Commissioner (INS) regarding vaccination exemption for an orphan child applying for an immigrant visa abroad. AILA Doc. No. 98032081.
    AILA Doc. No. 98032081.
  • INS on 245(k) Clarification (3/20/1998)
    A 3/20/98 memo from Jacquelyn Bednarz, Acting Assistant Commissioner (INS) providing clarification regarding the effective date of benefits under section 245(k). Applicants who meet 245(k) eligibility requirements became entitled to its benefits upon enactment, 3/26/97. AILA Doc. No. 98032080.
    AILA Doc. No. 98032080.
  • INS General Counsel on EB-5s (3/10/1998)
    A 12/19/97 memo from David Martin, General Counsel (ICE) on various financial relationships utilized in EB-5 investor cases, and their respective permissibility. AILA Doc. No. 98031080.
    AILA Doc. No. 98031080.
  • INS on Waiver of Foreign Residency Requirement (2/17/1998)
    A 2/17/98 memo from Paul Virtue, Executive Associate Commissioner (INS)on the acceptance of adjustment of status applications from individuals who are subject to the two-year foreign residence requirements so long as USIA has recommended a waiver of such foreign residence. AILA Doc. No. 98021740.
    AILA Doc. No. 98021740.
  • INS Memo with Expedited Removal Guidance (2/10/1998)
    A 12/30/97 memo from Michael A. Benson, Executive Associate Commissioner (INS) regarding implementation of the expedited removal process. (COurtesy of Daniel C. Horne) AILA Doc. No. 98021090.
    AILA Doc. No. 98021090.
  • INS Memo on CSS. Newman (LULAC), and Zambrano Litigation (2/6/1998)
    A 2/6/98 memo from Paul W. Virtue, Acting Executive Associate (INS) describing the Service’s obligations under interim relief orders in the legalization litigation cases CSS v. Reno, Newman v. INS, and Zambrano v. INS. AILA Doc. No. 98020680.
    AILA Doc. No. 98020680.
  • INS on Improperly Filed 245(i) Cases (2/5/1998)
    A 1/28/98 memo from Michael A. Pearson, Executive Associate Commissioner (INS) providing follow-up guidance and procedures for processing improperly filed applications and visa petitions received during the three days prior to the sunset of section 245(i). AILA Doc. No. 98020580.
    AILA Doc. No. 98020580.
  • INS Advises on “Standard” Employment Authorization(42 KB - 4/19/2007)
    A 3/10/98 memo from Mike Cronin, Acting Associate Commissioner (INS) regarding standardization of employment authorization procedures. AILA Doc. No. 98031091.
    AILA Doc. No. 98031091.
  • Iranian Sanctions Impact on Visas (1/15/1998)
    A 1/15/98 memo from Lori Scialabba, Acting General Counsel (INS) expressing the view that an employer in the U.S. may not lawfully make a binding offer of employment to an Iranian national residing in Iran, and that any visa petition with that as an end should be denied. AILA Doc. No. 98011580.
    AILA Doc. No. 98011580.
  • INS on Disability Naturalization Adjudications (3/16/1998)
    A 3/16/98 memo from James S. Angus, Acting Executive Director (INS) providing additional policy guidance on section 312 exceptions for persons with disabilities. This document supplements the 3/12/97 memorandum on disability-based adjudications. AILA Doc. No. 98031680.
    AILA Doc. No. 98031680.
  • INS on Withdrawal of Application for Admission (1/13/1998)
    A 12/22/97 memo from Paul Virtue, Executive Associate Commissioner (INS) regarding withdrawal of application for admission instead of expedited removal. AILA Doc. No. 98011380.
    AILA Doc. No. 98011380.
  • INS on Employer Responsibility under Sec. 274A (1/13/1998)
    A letter from David A. Martin, General Counsel (INS) regarding employer responsibilities under section 274A when an employer has received notice from the SSA indicating that Forms W-2 filed by the employer show names or SSNs of employers that do not agree with SSA records. AILA Doc. No. 98011391.
    AILA Doc. No. 98011391.
  • INS Letter on H-1B Visa Petition (1/5/1998)
    A 1/5/98 letter from John W. Brown, Acting Branch Chief (INS) addressing the validity of a visa petition where a company moves employees to a subsidiary company (and the subsidiary files a new H-1B petition), but later wishes to transfer the employees back to the parent. AILA Doc. No. 98010580.
    AILA Doc. No. 98010580.
 
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