INS on Post-Audit Policy for Adjustment Cases
May 27, 1999
Memorandum For: Regional Directors All Service Center Directors
From: Michael Pearson
Executive Associate Commissioner
Office of Field Operations
Subject: Expansion of interim post-audit policy for adjustment cases involving aging-out children cases where the Service awaits only CIA background checks to include DV applicants
Background
In a memorandum dated January 19, 1999, field offices and Service Centers were advised of the interim policy of post-auditing adjustment of status cases involving aging out children provided that only the CIA background checks remained outstanding. The interim policy is based on the finding that due to circumstances beyond their control, these applicants will lose their eligibility for the status sought through the passage of time. Similarly, those aliens who have applied for adjustment of status under the Diversity Immigrant program will also lose their eligibility for the status sought due to the passage of time.
Expansion of interim policy
This memorandum therefore serves to expand the Service's interim policy on post-auditing adjustment of status cases. Effective the date of this memorandum field offices and Service Centers are advised that applications for adjustment of status involving aging out children and those filed under the Diversity Immigrant program may be post-audited, in the director's discretion, provided that only the CIA background checks remain outstanding. The steps outlined on page 2 of the January 19, 1999, memorandum addressing the procedure for the holding and reporting of these cases until the CIA background checks have cleared is to be followed for any adjustment cases involving aging out children and Diversity Immigrant adjustment cases.
Should the CIA G-325A background check in any case adjudicated under the interim policy produce conclusive derogatory information about the alien the regulations at 8 CFR 246 shall be followed.
Effective period of the interim policy
Finally, this memorandum serves to advise the field offices and Service Centers that this interim policy will remain in effect indefinitely. Any questions regarding this matter should be directed to the attention of Frances A. Murphy, Adjudications Officer, Office of Programs, 202/514-3978.