INS Provides More Guidance on 245(i) Extension

Subject: Further Temporary Extension of Section 245(i) of the Immigration and Nationality Act

Date: November 4, 1997

To: Regional Directors
District Directors (including Foreign)
Officers in Charge (including Foreign)
Service Center Directors
Training facilities: Glynco, GA and Artesia, NM

From: Office of Field Operations

On October 23, 1997, the President signed a Continuing Resolution which extends the provisions of section 245(i) of the Immigration and Nationality Act (the "Act") through November 7, 1997. Therefore, effective immediately through November 7, aliens who qualify for the benefits of section 245(i) of the Act may continue to file I-485 applications with the required I-485 Supplement A and $1,000 surcharge.

Service offices receiving Form I-485 adjustment applications will return to normal filing procedures and normal office hours, and will accept applications under section 245(i) only if they meet the filing requirements of current Service regulations. However, in the event that Congress does not extend the provisions of section 245(i) further, local Service offices will apply the procedures set forth in the attached policy memoranda* during the last two days in which section 245(i) is in effect; i.e., November 6 and 7, 1997. If there are no further extensions or continuing resolutions, Service fields offices are instructed to accept last minute 245(i) filings, including fees from aliens who are in proceedings (see attached memoranda dated September 19th and 29th), until 12 midnight of November 7th only.

Headquarters will advise the field of further legislative developments as they become known. This memorandum has the concurrence of the Office of Programs.

Mark Reed
Acting Executive Associate Commissioner

Attachments (* HQOPS 70/23.1-P, dated 9/19/97, entitled "Section 245(i) Sunset;" HQOPS 70/23.1-P, dated 9/29/97, entitled "Section 245(i) Sunset, Additional Guidance;" and HQ 70/23.1-P, dated 10/6/97, entitled "Processing of section 245(i) applications submitted under September 19, 1997, policy memorandum HQOPS 70/23.1-P prior to October 1, 1997.")