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INS Memorandum on 245(i) Adjustment Applications PDF Print E-mail
Written by Administrator   
Thursday, 19 February 1998
On January 28, 1998, the INS issued a new memorandum providing follow-up guidance, and restating some of the procedures for processing improperly filed applications and visa petitions received during the final three days prior to the end of amended INA Section 245(i).

The memo states that during the periods when termination of 245(i) was closing, the INS sought to facilitate the last-minute filings of applications and petitions for eligible immigrants. Therefor, the following special filing procedures were adopted on January 12, 13, and through midnight of the 14th:

  1. Accept all I-485 applications submitted under section 245(i), as long as they were signed by the applicants and accompanied by the correct fees.
  2. Accept all visa petitions that met the threshold filing requirements of 8 CFR subsection 103.2(a)(7)(i) and (ii).
  3. Permit applicants and petitioners to submit their applications or petitions to any INS district, suboffice, or Service Center during those three days.
  4. As soon as practicable after January 14, 1998, forward all appropriate applications and petitions, with their accompanying fees, to the other district offices or Service Centers.

 

The memo goes on to state that the INS is taking every measure it can to ensure that all of the 245(i) adjustment applications get reviewed and processed in a timely fashion.

The memo also states that there are only two basic reasons to reject a visa petition:

  1. If it was remitted with no fee or an incorrect fee amount
  2. If it lacks the required signature of the petitioner

 

 

Information obtained from Interpreter Releases, "INS Issues Guidance on Improperly Filed Section 245(i) Adjustment Applications" Volume 75, February 9, 1998.

 
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