INS Cable on Technical Corrections Act of 1994
On October 7, Congress enacted the Immigration and Nationality Technical Correctionss Act of 1994 (1994 Technical Corrections Act). On October 25, President Clinton signed this Bill into law. Many of the provisions of the Bill became effective upon enactment. The 1994 Technical Corrections Act contained a number of Citizenship and Nationality related issues that will be addressed in a separate cable.
On October 1, 1994, the special immigrant religious worker category (SR) expired. The 1994 Technical Corrections Act extends the sunset for three years. The sunset or expiration date for the SR category is now October 1, 1997. The 1994 Technical Correctionss Act did not make any other changes to the special immigrant religious worker category. The regulations at 8 CFR 204.5(m) still govern the adjudication of I-360 petitions filed on behalf of special immigrant religious workers.
There are a number of pending adjustment of status applications based on approved SR petitions which have been held in abeyance pursuant to the September 22, 1994 cable on religious worker petitions because visa numbers became unavailable on September 20. Visa numbers for the SR category, with the exception of natives of the Philippines, are current for the months of October and November. These pending applications can be approved if the adjudicator determines that the applicant qualifies. Adjustment of Status applications, however, should not be approved until the FBI fingerprint check and other record checks have been completed.
Beneficiaries of approved I-360 religious worker petitions may now file applications for Adjustment of Status. This includes persons applying under newly-enacted section 245(i) of the Act. For applicants who are natives of the Philippines, the cut-off date in the visa bulletin for the employment-based fourth category controls. Since this category has been extended for three years, there is no reason to expedite interviews or post- audit record checks.
Service Centers should begin processing and adjudicating pending I-360 petitions for SR-1 religious workers. Newly filed and pending petitions should be processed in the ordinary course of business, using the regulations found in 8 CFR 204.5(m).
The 1994 Technical Corrections Act also revives the special immigrant category for retired officers or employees of International Organizations (G-4) under section 101(a)(27)(I)(iii) of the Act, which expired on January 1, 1993. Qualified applicants may now apply under this provision no later than six months after the date of their retirement or six months after the date which the 1994 Technical Corrections Act was signed, whichever is later. The instructions in a memorandum on special immigrants dated June 10, 1992 govern the processing of these applications.
The 1994 Technical Corrections Act also expands the definition of immediate relative to include the children of an alien who qualifies as a widow or widower under section 201(b)(2)(A)(i) of the Act. Each child of a qualified widow or widower may file Form I-360 as provided in 8 CFR 204.1. An I-360 petition filed by a child of a widow or widower must establish that the widow or widower meets the eligibility and evidentiary requirements of 8 CFR 204.2(b), unless the I-360 petition is submitted simultaneously with the widow or widower's I-360 petition. In addition, the petition must also establish a parent-child relationship between the child and the widow or widower by meeting the eligibility and evidentiary requirements of 8 CFR 204.2(c). Until further notice, field offices should not accept an I-360 petition if the qualifying widow or widower is deceased or if the qualifying widow or widower has not filed an I-360 petition.
The 1994 Technical Corrections Act also amends the special immigrant category for juveniles under section 101(a)(27)(J)(i) of the Act. This section required that the applicant had been declared dependent on a juvenile court located in the United States. This legislation amends this section by allowing applicants to meet this requirement either by being declared dependent on a juvenile court or by being legally committed to, or placed by such juvenile court under the custody of, an agency or Department of a State, and by having been deemed eligible by the juvenile court for long-term foster care.
There will be further instructions regarding these amendments. If there are any questions regarding religious workers, please contact Michael Straus, HQADN, at 202/514-3228. Questions concerning widows and widowers should be directed to Jerry Casale, HQADN, at 202/514-3228. Question regarding the remaining special immigrant categories should be directed to Rita Arthur, HQADN, at 202/514-3228. Question should be forwarded through official channels.
James A. Puleo
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