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MDUdall: Some INS News about EADs and APs
The following is a new item that I just received from the American Immigration Lawyers Association. Thank you AILA.
Here you go...
According to an INS spokesperson, a memo that INS has not made public instructs all INS offices to cease same-day adjudications of benefits where there is a temporary A file. This is part of an overall memo requiring all INS offices to undergo
certain procedures to "ensure that benefits are not granted to ineligible persons".
Among other things, adjudicators have been told that they must review the full contents of any A file before granting any benefit and that they must review the Service's Central Index System(CIS) database for additional INS records on the applicant. If any potentially disqualifying information is uncovered, the adjudicator must obtain and review the information and the supervisor or officer-in-charge must sign off on the adjudication.
INS has also advised AILA that if the FBI indicates in a name check that a negative record might exist, the adjudicator may not complete processing the petition or application until he or she receives a definitive response from the FBI indicating that the information triggered by the name check does not pertain to the applicant in question.
In response to these instructions, District Offices that previously processed employment authorizations and advance paroled on a same-day basis have discontinued the practice, either on a blanket basis or for cases for which they do not have the A file. Some offices have issued blanket statements, such as the one from Harlingen: "Due to unforeseen circumstances, the INS will be unable to issue EADs and Travel Documents until further notice. It is expected that this situation will be resolved in approximately 60 days. If your employer has any questions, they
are welcome to contact the service at (800) 375-5283. We sincerely apologize for the extreme inconvenience this situation will cause you and your family".
While the INS spokesperson indicated that the policy discussed above would delay issuance of EADs and advanced paroles, he had no information as to why some local offices would indicate that they are currently unable to issue EADs and travel
documents "until further notice".
AILA continues to work with the INS to attempt to ameliorate the impact of this new policy on applicant's ability to travel and to work.
__________________
Member of the American Immigration Lawyers Association. Helping clients across the United States with their fiancee/marriage/family based immigration cases
MDUdall: Some INS News about EADs and APs
The following is a new item that I just received from the American Immigration Lawyers Association. Thank you AILA.
Here you go...
According to an INS spokesperson, a memo that INS has not made public instructs all INS offices to cease same-day adjudications of benefits where there is a temporary A file. This is part of an overall memo requiring all INS offices to undergo
certain procedures to "ensure that benefits are not granted to ineligible persons".
Among other things, adjudicators have been told that they must review the full contents of any A file before granting any benefit and that they must review the Service's Central Index System(CIS) database for additional INS records on the applicant. If any potentially disqualifying information is uncovered, the adjudicator must obtain and review the information and the supervisor or officer-in-charge must sign off on the adjudication.
INS has also advised AILA that if the FBI indicates in a name check that a negative record might exist, the adjudicator may not complete processing the petition or application until he or she receives a definitive response from the FBI indicating that the information triggered by the name check does not pertain to the applicant in question.
In response to these instructions, District Offices that previously processed employment authorizations and advance paroled on a same-day basis have discontinued the practice, either on a blanket basis or for cases for which they do not have the A file. Some offices have issued blanket statements, such as the one from Harlingen: "Due to unforeseen circumstances, the INS will be unable to issue EADs and Travel Documents until further notice. It is expected that this situation will be resolved in approximately 60 days. If your employer has any questions, they
are welcome to contact the service at (800) 375-5283. We sincerely apologize for the extreme inconvenience this situation will cause you and your family".
While the INS spokesperson indicated that the policy discussed above would delay issuance of EADs and advanced paroles, he had no information as to why some local offices would indicate that they are currently unable to issue EADs and travel
documents "until further notice".
AILA continues to work with the INS to attempt to ameliorate the impact of this new policy on applicant's ability to travel and to work.
__________________
Member of the American Immigration Lawyers Association. Helping clients across the United States with their fiancee/marriage/family based immigration cases
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