INS Accepts Limited Skeletal 245(i) Filings

IMMEDIATE ATTENTION

Subject: DOJ Appropriations Bill 245(i)

Date: November 6, 1997

Regional Directors
District Managers
Service Center Directors
Officers in Charge
Office of Field Operations

This memorandum is intended to provide further guidance and information on section 245(i) filings, and on procedures that must be observed on Friday, November 7, 1997. Our previous guidance advised all field offices to remain open until midnight on November 7, for the purposes of receiving I-485 adjustment of status applications. Those instructions remain in effect.

We have received information indicating that our budget could contain language terminating or substantially modifying section 245(i). It now appears that Congress may provide a grandfather clause for those alien beneficiaries for whom a visa petition has been filed by the date of enactment. This means that the mere filing of a visa petition could protect a beneficiary’s eligibility to file for adjustment of status pursuant to section 245(i). This is so even if the beneficiary does not become eligible to file for adjustment until some time in the future due to unavailability of a visa number. Because of this, all offices are to accept immigrant visa petitions filed with the requisite fee and petitioner’s signature until midnight November 7. It is important to note that the grandfather clause does not permit an individual to overcome unavailability of a visa number, but is does preserve eligibility to file pursuant to section 245(i) when a visa number becomes available. Offices should not reject a petition simply because all documentation needed for adjustment is not present at the time of filing.

District offices which do not normally receive visa petitions unaccompanied by adjustment applications will accept the petitions, stamp the petition with the date of the receipt, then forward it with the remittance to the appropriate service center. Service centers must ensure that all mail received on November 7, and all petitions relocated from district offices are properly receipted for November 7. Service centers must also identify for receipting any immigrant visa petitions received on Saturday, November 8.

Further instructions will be forthcoming as additional information is received.

/signed/
Mark Reed
Acting Executive Associate Commissioner