INS Memo on Family Unity Fees

March 7, 2000

Memorandum For:

All Regional Directors
All Service Center Directors
All District Directors
All Officers In Charge

From:

Michael Cronin
Acting Associate Comissioner
Office of Programs

Subject:

Family Unity Program (Form 1-817) Processing and Hernandez v. Reno Settlement

This memorandum is intended to serve as a reminder to all field offices. In accordance with the settlement agreement in Hernandez v. Reno the Immigration and Naturalization Service (Service) shall cease to automatically waive the fee for applications (jointly filed Forms I-817/I-765) submitted for purposes of obtaining an extension of benefits under the Family Unity Program effective for applications received on or after January 29, 2000. Service authority to grant individual fee waiver requests that meet the general fee waiver guidelines remains unaffected.

The Hernandez v. Reno settlement also required the Service to revise its Family Unity Program benefits application system so that applicants do not have to file separate applications and pay separate fees to receive a grant of voluntary departure and an employment authorization document (EAD). The Service remains committed to this undertaking. Accordingly, all field offices and Forms Centers must continue to staple together the Form I-817, Form I-765, and the supplemental instructions issued on February 20, 1998. These documents must be disseminated as a single (Form I-817) Family Unity Program benefits application package for which only the applicable Form I-817 application fee should be charged whether the application is being submitted for initial benefits under the Family Unity Program or for an extension thereof. A fee may not be charged when a Form I-765 is filed separately for purposes of obtaining an initial or extension EAD under the Family Unity Program, if the applicant has an approved I-817 petition. A fee may be charged however, if the Form I-765 is being filed for a replacement EAD, i.e. the previous Family Unity Program-based EAD was lost, stolen, mutilated, or contains erroneous information. A revision to the current Form I-817 that will result in the grant of full benefits under the Family Unity Program, including voluntary departure and employment authorization, is currently awaiting approval by the Office of Management and Budget.

Any questions regarding this guidance should be directed to Anne Gyemant, - HQADN, at (202) 514-4754.