INS Interim Process for I-551 Renewal

September 29, 1999

MEMORANDUM FOR REGIONAL DIRECTORS SERVICE CENTER DIRECTORS

FROM: Michael A. Pearson /s/ William R. Yates for Michael A. Pearson
Executive Associate Commissioner
Office of Field Operations

SUBJECT: Form I-551 Renewal Policy and Procedure-Interim Process

In 1989, the Immigration and Naturalization Service (INS) introduced a 10-year validity period for Permanent Resident Cards (Form l-551). Each card that was issued carried a specific expiration date. The first of these cards begin expiring in 1999. INS has developed a comprehensive plan to accept and adjudicate Forms I-90 "Application to Replace Alien Registration Receipt Card" submitted for renewal of expiring cards.

Implementation will be completed in two phases, expected to begin in 2000. Until such time, INS will continue to accept and process Form I-90 applications at District Offices and suboffices in accordance with existing policies and procedures. This memorandum is provided as an additional policy and procedural guideline for Form I-90 applications filed for purposes of renewing an expiring or expired 10-year Form I-551, during this interim process only, until the first phase of implementation takes place.

The processing fee for Form I-90 applications currently is $110.00. Fee waiver provisions apply.

The applicant may obtain a Form I-90 either through the forms request line at 1-800-870-3676, or by accessing the INS website at www.uscis.gov.

District Directors and Officers-in-Charge should work with the CBOs in their jurisdictions and encourage CBOs to disseminate Forms I-90 and INS information on these interim renewal procedures to the public. Wherever possible, lists of CBOs conducting these outreach activities should be posted at Service field offices and provided to the local media.

In all instances, once the application package is complete, offices are to ensure that applicants need visit the INS office only once during the Forms I-90/I-89 processing, and that these applicants receive interim documentation during that one visit.

An applicant applying in person should present his or her expiring or expired Form I-551, a completed Form I-90, appropriate fee, additional identification, (the passport, a driver's license, a state-issued identification, etc.), and two photographs, as specified in the Form I-90 instructions (three photographs, if he or she is not in possession of a passport). An applicant who requests a name change at the same time as renewing an expiring/expired card must present valid documentation of the legal name change (marriage certificate, court order, etc.).

Applicants currently may apply through mail-in procedures at the New York, Newark, and Chicago District offices. Additional offices with stated plans for establishing mail-in procedures to begin no later than the end of September 1999, include San Francisco, San Antonio, Houston, and El Paso. As stated in the news release, public outreach campaigns should be completed before the end of September 1999, to announce the specifics of these mail-in procedures. Any materials used for an individual office's public outreach campaign also should be posted to that office's local Internet website through existing procedures.

In all locations employing mail-in procedures, an applicant should mail in his or her completed Form I-90, the appropriate filing fee, a photocopy of both the front and back of the expiring/expired Form I-551, and two photographs (as specified in the Form I-90 instructions). District offices will schedule renewal applicants for office appointments to complete processing and issue interim documentation. Districts are to monitor the scheduling of the mail-in renewal Form I-90 applications to ensure that the timeframe between the date the application is received in the INS office [see 8 CFR 103.2(a)(7)(i) for Receipt date] until the date the applicant is actually seen at the District office for processing does not exceed 45 calendar days.

Rescheduling of Appointments for Mail-in Applications. Districts are to follow regulations in place under 8 C.F.R. 103.2(b)(9).

Effect of Failure of Applicant to Appear for Scheduled Appointment. Districts are to follow regulations in place under 8 C.F.R. 103.2(b)(13). If the application is deniable because of the applicant's failure to appear for the scheduled appointment, then the application shall be forwarded to the appropriate Service Center for denial.

The INS office will review the form for completeness. The only block on the Form I-90 that is to be used for the Form I-551 renewal process is Block "f" which states, "--my present card has an expiration date on it and is expiring. I have attached my present card."

The INS office will verify the identity of the applicant, including a review of the Form I-551 being presented, the additional identification (the passport, a driver's license, a state-issued photo identification, etc.), and a visual check of the applicant as compared to the photo on the card (and fingerprint, if necessary). The Form I-89 will be completed and verified for correctness. The Form I-551 shall be retained and forwarded with the complete application under current procedures in place.

Appropriate Central Index System (CIS) checks will be conducted. If CIS does not verify permanent resident status, follow procedures currently outlined in the September 29, 1997, memorandum titled Procedures for Processing Lost Immigrant Visa Cases. If the applicant has lost the expiring/expired Form I-551, follow the applicable processing requirement for other I-90 applications, changing the block notation on the Form I-90 appropriately.

Although lawful permanent resident status is not affected by the expiration of the Form I-551, individuals will need to replace their cards to have valid evidence of their status and registration. The employment authorization of Lawful Permanent Residents (LPRs) is incident to status and they are free to travel outside of the United States. Thus, they need evidence of their status for employment and travel purposes, and to obtain other benefits.

In this light, the INS has determined that it will issue temporary evidence of status ("interim documentation") to LPRs who have applied for a renewal Form I-551. Such documentation also may be used to satisfy the LPRs' obligation to carry with them evidence of their alien registration at all times [INA 264(e)].

At the time that the INS office completes the Form I-90 application processing for the LPR who is applying to replace an expiring or expired Form I-551, the INS office will provide the LPR with interim documentation in the form of an ADIT stamp placed:

• In a valid, unexpired or expired passport, if the LPR has one; or
• On the Arrival portion of the Form I-94, Arrival/Departure Record, with photograph (and dry seal, where available).

Validity of the ADIT stamp shall be for twelve months from the in-person processing date of the Form I-90 application (the date that the stamp is given).

If the applicant presents a valid, unexpired passport, and is issued the ADIT stamp in either this passport or on the Form I-94, this interim documentation can be used to satisfy Form I-9[1] requirements. An expired passport is not acceptable as a List A document for employment verification purposes. Offices are encouraged to inquire of applicants if they require temporary documentation for employment purposes. If the applicant indicates that this documentation is required, the applicant should be issued an ADIT stamp on the Form I-94, and not in an expired passport.

Due to the processing requirements of the Form I-90 application, it is the policy of the Service that all Form I-90 applications must be filed at local offices, but adjudicated at Service Centers. This is necessary to ensure that the district offices more efficiently utilize their limited resources. Those cases which obviously are not approveable (imposters, counterfeits, etc.) may be adjudicated locally, but the applications must still be sent to the Service Center for data collection and tracking.

Policy guidance for the changes to the adjudicative process and the necessary standard operating procedures (SOP) guidance will be issued for the Service Centers and the Application Support Centers (ASCs) prior to the implementation of the intake process at the ASCs.

Those applicants who filed for Naturalization six months or more prior to the expiration date on the Form I-551, and who have not yet received a decision on the naturalization application, do not have to apply for the renewal Form I-551. If they would prefer to wait for a decision on their naturalization application, they may do so. If they wish to obtain a new card, they should be advised to apply on Form I-90, and instructed to pay the $110 filing fee. The guidance provided in this memorandum regarding interim documentation will then apply.

Those I-551 renewal applicants who applied for Naturalization within the six-month period preceding the expiration date on the Form I-551, should be advised that they still must file for their renewal card on Form I-90, and pay the $110 filing fee.

Those applicants who indicate that they wish to file for Naturalization instead of applying for a renewal Form I-551, should be advised that this is not an option; they still must file for the renewal card on Form I-90, and pay the $110 filing fee, regardless of whether they intend to file a naturalization application.

This policy is effective immediately. The Service will incorporate this policy regarding naturalization applicants into Service regulations as promptly as possible.

Officers who encounter an arriving LPR in possession of an expired 10-year Form I-551 will advise the LPR of the need to renew the card and will furnish the LPR with the Form I-90 (unless the LPR states that he or she already is in possession of the Form I-90). No further action must be taken.

The land border Ports of Entry (POEs) will not routinely process Form I-90 applications. However, District Directors may determine whether a particular land POE should be designated as a processing point, taking into account geographic location, casework volume, personnel resources, and other operation initiatives. Those land border POEs that are determined to be processing points for Form I-90 applications, shall accept the Form I-90 application with appropriate fee, and issue interim documentation as outlined in this memorandum. If technologically feasible, photographs may be taken by the INS (for both the Form I-90 processing and the interim documentation, if the LPR is not in possession of a passport) without additional cost to the LPR.

All Form I-90 applications accepted at land border POEs shall be submitted to the appropriate District or sub-office on a daily basis. The District or sub-office, in turn, shall provide same or next day mailing to the appropriate Service Center.

Officers who encounter an arriving LPR with an expired 10-year Form I-551 card shall advise the LPR of the requirement to renew the card. No further action must be taken. No applications shall be processed at seaports.

At all air POEs, officers will advise those arriving LPRs in possession of a 10-year expired Form I-551 of the requirement to renew the card. These LPRs shall be instructed that the Form I-90 application may be processed at the airport at the time of arrival only, if the LPR is in possession of the requisite fee. If the LPR requests this processing, the LPR shall complete the Form I-90 application. The officer shall then complete all processing, including the issuance of interim documentation. If technologically feasible and requested, photographs shall be taken by the INS (for both the Form I-90 processing and the interim documentation, if the LPR is not in possession of a passport) without additional cost to the LPR.

Airport POEs shall accept and process Form I-90 applications only for those LPRs who are arriving from abroad.

If the LPR is not in possession of the appropriate fee, requests a fee waiver, or elects to submit the application at a later date, then he or she shall be given the Form I-90 and advised to file at the appropriate INS office. No walk-in applications shall be accepted at any airport POE.

All Form I-90 applications accepted at airport POEs shall be submitted to the appropriate District or sub-office on a daily basis. The District or sub-office, in turn, shall provide same or next day mailing to the appropriate Service Center.

Form I-90 applications will not be accepted at preclearance and preinspection sites overseas. Officers are to advise the LPR in possession of an expired 10-year Form I-551 to apply for the renewal I-551 card as soon as possible. Sites are to permit boarding for any bona fide LPR in possession of an expired 10-year Form I-551, without any penalty to the LPR, if the expiration date is the only reason that the LPR would otherwise not be boarded.

A carrier notification letter was issued on September 13, 1999, notifying all air carriers that they should permit boarding to any bona fide Lawful Permanent Resident (LPR) in possession of an expired Form I-551 with a 10-year expiration date, if the expiration date on the card is the only reason that the LPR would otherwise not be boarded. Carriers also were informed that this policy does not affect the Conditional Permanent Resident in possession of a Form I-551 with a 2-year expiration date. The Conditional Permanent Resident in possession of an expired Form I-551 must continue to have evidence that the Form I-551 expiration date has been extended.

Officers in foreign posts shall advise those LPRs in possession of an expired 10-year Form I-551 who are returning to an unrelinquished residence in the United States that they may board the vessel or aircraft with the expired Form I-551. Officers shall further advise these cardholders to apply for the new Form I-551 upon arrival in the United States. Officers in foreign posts shall provide a copy of the carrier notification letter to the LPR, if requested. Until further notice, transportation letters should not be issued to holders of expired 10-year I-551 cards.

INS offices abroad shall not accept Form I-90 applications from 10-year Form I-551 renewal applicants.

POEs shall not recommend fines against carriers for transporting LPRs in possession of their expired 10-year Form I-551 cards, except for Conditional Permanent Residents, as stated above.

Until further notice, POEs shall not require the submission of Form I-193, Application for Waiver of Passport and/or Visa, from those LPRs in possession of expired 10-year Form I-551 cards, regardless of whether or not the LPRs may be considered to be seeking admission in accordance with Section 101(a)(13) of the Act. (see National Fines Office Bulletin Board posting "Fines for LPRs" for clarification of current fines policy).

A separate employer notification package shall be developed and disseminated to employers.

If an officer encounters a LPR in possession of an expired 10-year Form I-551, that officer shall advise the LPR to apply for the renewal I-551 card as soon as possible, and permit the LPR to proceed with the expired Form I-551. This is only after:

1. the officer has conducted any and all appropriate record checks (as deemed necessary by the officer and consistent with any policy and/or procedure already in place);
2. the officer has made a determination of the LPR's identity as the rightful LPR in possession of the I-551; and,
3. the officer has satisfactorily determined that the LPR is not otherwise in violation of any law, immigration or otherwise, which would prohibit the LPR from proceeding free of restraint.

No Form I-90 applications shall be accepted by Border Patrol, Deportation, or Investigations.

Due to public concern over the implications of the expiration date listed on the Form I-551, districts are to contact all Community Based Organizations (CBOs), Congressional offices, relevant media, and other interested parties, to communicate relevant information to the immigrant population as soon as possible. Major misconceptions that may be circulating are that immigrants believe that their status expires and that they will be removed (deported).

Forwarded to you under separate cover were the Press Release and the Frequently Asked Questions (FAQ) guide, dated September 8, 1999.

As a final reminder, this interim process is to be utilized until such time as the first phase is ready for full implementation. At such time, additional guidance and instructions will be provided.

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[1] The Form I-9, Employment Verification Form, is the form employers must use to verify the employment authorization and identity of their employees.