More on Direct Mail Program

Subject: Handling of Second filings and duplicate
Employment-based I-485 applications received under the Direct Mail Program

Date: December 11, 1996

To: Service Center Directors

From: Office of Benefits

The October 30, 1996 Federal Register notice (61 FR 56060) providing for extension of the Direct Mail Program to Form I-485 adjustment applications filed by beneficiaries of employment-based petitions (Forms I-140, I-360 for religious workers, and I-526) took effect on November 29, 1996. A general policy memorandum regarding various implementation matters will be issued shortly. In the meantime, the following policy concerning second filings and duplicate adjustment of status applications under the Direct Mail Program is effective immediately.

Within the context of the Direct Mail Program, the term “second filing” refers to a Form I-485 application submitted with the correct filing fee to a service center during a time when an I-485 previously filed on the basis of the same immigrant visa petition is pending at another INS office; and the term “duplicate application” refers to an I-485 application submitted to a service center without a new fee, but with evidence that the original I-485 application is pending at another INS office.

When a service center receives a “duplicate application” I- 485 for a case that is pending at a district office, it will return the entire enclosure to the sender, together with a Form I-797 notice instructing the applicant to submit it to the INS office where the original Form I-485 is pending.

When a service center receives a Form I-485 with the correct filing fee, it should receipt and process the application in accordance with the established standard operating procedure (SOP) whether or not the applicant has already filed an I- 485 application at another office.

HQBEN is meeting with HQOPS to complete the Direct Mail implementation instructions and will issue detailed instructions shortly.

Michael L. Aytes
Assistant Commissioner