INS on Extension of the AA-1 IV Program
MEMORANDUM
HQ 245-P
Subject: Extension of the AA-1 Immigrant Visa Program
Date: May 3, 1995
To: All District Directors (including foreign)
All Service Center Directors
All Officers in Charge
All Regional Supervisory Examiners
Deputy Director, IOA, Glynco, GA
Deputy Director, IOA, Artesia, NM
From: Office of Programs
Section 217 of the Immigration and Nationality Technical Corrections Act of 194 (INTCA), Pub. L. 103-416, allows for certain unused AA-1 immigrant visa numbers to be used in fiscal year 1995. The Department of State has recently issued an interim rule setting forth the requirements for determining eligibility for the remaining unused AA-1 immigrant visas. See 60 FR 7443 (Feb. 8, 1995). Under the interim rule, a total of 1404 immigrant visas, including those for accompanying spouses and children, will be issued under this extension of the AA-1 program. Qualifying AA-1 extension applicants who are present in the United States who are out of status or were admitted under a visa waiver may be eligible for adjustment of status if they pay the required fee under section 245(i) of the Act.
There are two categories of aliens who may immigrate under the AA-1 extension program in fiscal year 1995. A total of 1313 AA-1 extension visa numbers are currently allocated to natives of Ireland (including Northern Ireland). The remaining 91 visas will be available to certain natives of countries which qualified under the AA-1 program. In order to qualify under this legislation, an applicant must have filed an application for the fiscal year 1995 Diversity Visa Lottery (DV-1) with the Department of State, National Visa Center (NVC) and must have been notified of visa selection. In addition, applicants must meet the following requirements.
I. Who may apply for adjustment of status under the AA-1 Extension?
Irish DV-1 applicants who were not previously selected under the DV-1 program
In order to register enough natives of Ireland (and Northern Ireland) for the immigrant visa numbers available under the AA-1 extension program, the NVC will mail AA-1 "packet 3" letters to some Irish DV-1 applicants who were not previously selected for DV-1 visas. These letters will contain a rank number beginning with the letters "AA." The Department of State has established cut-off numbers for Irish and other AA-1 applicants in its monthly Visa Bulletin.
Natives of Ireland seeking to apply for adjustment of status under the AA-1 extension program must present the following:
A Packet 3 from NVC with an "AA" rank number. An AA-1 visa number must be available according to the current monthly Visa Bulletin.
A receipt indicating that a $25 fee has been paid to a consular post.
The section 212(e) bar does not apply to aliens applying under the AA-1 extension. Further, if applicable, any 212(i) waiver should be granted unless to do so would not be in the national interest.
II. Who else may adjust status under the AA-1 extension?
Certain natives of AA-1 countries who have applied for adjustment of status under the DV-1 program
Other AA-1 extension visa numbers are available only to aliens who, at any time, have filed for adjustment of status under the DV-1 program. If an office determines that:
The applicant is a native of an AA-1 country, including Ireland and Northern Ireland;
The applicant is ineligible to adjust status under the DV-1 program because he or she is excludable under section 212(e) or 212(a)(6)(C) or the Act; and
The applicant's DV-1 number is below the AA-1 cut-off number,
the applicant may request that the application be considered under the AA-1 extension program. In such a case, the district or suboffice must contact the Department of State, Visa Control, at 202/663-1078 to obtain an AA-1 immigrant visa number. The Visa Control office will provide instructions on how the applicant will pay the $25 conversion fee. Under the AA-1 extension program, a district or suboffice may not grant the application of adjustment of status until the applicant provides a receipt showing payment of the $25 conversion fee.
All applicants under the AA-1 extension program must also meet the education and/or employment experience requirements required of DV-1 applicants. For an explanation of this requirement, please refer to the policy memorandum on adjustment of status of DV-1 aliens, dated November 2, 1994. AA-1 extension applicants are not required to have a firm commitment for employment in the United States.
Because visa numbers under the AA-1 extension program are available only in fiscal year 1995, and visa numbers are very limited, all adjustment of status applications for eligible AA-1 applicants must be approved before October 1, 1995. Where necessary, offices should expedite adjustment of status interview scheduling; application processing; waiver application processing; and Form I-824 processing for AA-1 dependents. These applications should also be flagged or otherwise noted upon receipt so as to be easily identifiable.
The adjustment codes are:
AA6 - Principal AA-1
AA7 - Spouse of AA6
AA8 - Child of AA6
Questions may be directed, through proper channels, to HQADN, attention Michael Straus at 202/514-3228.
James A. Puleo
Executive Associate Commissioner
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