INS on 245(i) Filings

October 15, 1998

Dear Mr. Ravin

Your September 14, 1998 letter regarding section 245(i) of the Act and visa petitions received by the Immigration and Naturalization Service (Service) after January 14, 1998 has been referred to this office for a response.

As you know, in order to adjust status under section 245(i) of the Act, an alien must be the beneficiary of an immigrant visa or application for labor certification properly filed on or before January 14, 1998. Generally, a petition or application is regarded as filed when it is physically received. See 8 CFR 103.2(a)(7)(i). Under 8 CFR 204.1(d), an immigrant petition is regarded as properly filed when the Service office having jurisdiction receives the correct fee.

In order to allow the maximum number of aliens to file their petitions before the January 14 deadline, the Service on January 9, 1998 adopted special filing procedures effective only on January 12, 13 and 14, 1998. All Service offices were instructed to accept all visa petitions which met the threshold filing requirements of 8 CFR 103.2(a)(7)(i), and all applicants and petitioners were permitted to submit their applications or petitions to any INS district, sub-office, or service center during those three days. After that period, the normal filing rules were again in effect, and any petitions or applications received by the Service were treated accordingly. Although you refer to a Service announcement regarding petitions submitted through the United States post office prior to January 14, 1998 but not received until after that date, this office is not aware of, and our research reveals no such policy.

I hope this information is helpful to you.

Sincerely,

Janice B. Pololny
Associate General Counsel
Chief, Examination Division