INS on Final Rule Amending Provisions in Title 8

Dear Dave,

I know you were not expecting to here from me so soon but a matter has come to my attention which will be of interest to all American Immigration Lawyers Association (AILA) members.

On January 11, 1994, the Immigration and Naturalization Service (INS) adopted a final rule amending a number of provisions in Title 8 of the Code of Federal Regulations. One of these amendments impacts on an outstanding District policy regarding attorney filings. As you are aware, from our many discussions between this office and AILA, the Detroit District had agreed to accept filings by attorneys of petitions and applications without prescreening by immigration information officers. The only exception was made if the attorney requested prescreening.

On February 10, 1994, the new rules provide for the denial of an application or petition that is not supported by sufficient initial evidence under certain circumstances. Specifically, under 8 CFR 103.2(B)(8), if an application or petition filed at an INS office is prescreened and found to lack the required initial evidence, the Service must deny such application or petition.

The District Policy of permitting filing without prescreening is inconsistent with the intent of the new regulations. Therefore, the District will no longer screen attorney filings only upon request. Beginning February 10, 1994, all applications and petitions will be prescreened to determine if they are supported by the required initial evidence.

I have been informed by the Supervisory Immigration Information Officer, Cheryl Dandrigde that AILA members who visited the District Office in the past week were being informed of the new rule. I would also like to request that you communicate this change to all AILA members.

Should you have any further questions, please feel free to contact me.

Carol A. Jenifer

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