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  • VAWA adjustment new regulations

    I am in need to understand how the new regulations will apply to my case in the light on these (see below) regulations.
    PS:i applied for adjustment of status(i-485)at the NYC district office on august 2001 based on my approved vawa petition(battered spouse).

    Thank you for all your help
    Attachement:
    Department of Homeland Security
    U.S. Citizenship and Immigration Services
    425 I Street, NW
    Washington, DC 20536
    January 23, 2004
    MEMORANDUM FOR REGIONAL DIRECTORS, CIS
    SERVICE CENTER DIRECTORS, CIS
    FROM: William R. Yates /S/ by Janis Sposato
    Associate Director for Operations
    SUBJECT: Concurrent Filing for Section 101(a)(27)(I) Special Immigrants
    This memorandum provides guidance regarding the notice in the Federal Register
    published at 69 FR 3380 (January 23, 2004), which changes the filing procedures for aliens
    eligible to file Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, separately
    or concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status,
    under section 101(a)(27)(I) of the Immigration and Nationality Act (Act).
    On June 10, 1992, the Immigration and Naturalization Service (INS) issued guidance
    allowing aliens eligible for special immigrant classification under section 101(a)(27)(I) of the
    Act to concurrently file an application for adjustment of status with their petition for
    classification as a Special Immigrant -- International Organization Officer or Employee or
    eligible family member at their local INS district office. Petitioners not concurrently submitting
    an adjustment of status application (i.e., submitting only a Form I-360) were required to file their
    petitions at the appropriate service center. Service centers were given discretion to return a
    petition to an alien with instructions to resubmit the petition concurrently with an application for
    adjustment of status at his or her local INS district office in cases where the alien appeared to be
    eligible for adjustment of status. Thus, the 1992 guidance limited the concurrent filing of Forms
    I-360 based upon 101(a)(27)(I) of the Act with Forms I-485 to the Service's district offices.
    This memorandum supercedes the 1992 guidance in regard to the filing of petitions and
    applications under section 101(a)(27)(I) of the Act.
    Updated guidance regarding concurrent filing is needed in order to remind both CIS
    Memorandum for Regional/Service Center Directors Page 2
    Subject: Concurrent Filing for Section 101(a)(27)(I) Special Immigrants
    employees and the public that it is in the best interest for certain aliens seeking special immigrant
    benefits to file for them concurrently. For example, to be considered eligible for special
    immigrant status, unmarried sons and daughters of international organization officers or
    employees must properly file an application for adjustment of status (Form I-485), or an
    application for an immigrant visa if abroad, in addition to the petition for special immigrant
    classification (Form I-360), by their 25th birthday. To minimize the possibility that qualified
    aliens do not lose their eligibility for special immigrant benefits, we are issuing the following
    guidance regarding the centralization of the processing of Forms I-360 and I-485 filed by aliens
    seeking special immigrant classification under section 101(a)(27)(I) of the Act and/or adjustment
    of status based upon classification as a special immigrant under 101(a)(27)(I) of the Act.
    As of February 23, 2004, an alien petitioning for special immigrant classification under
    section 101(a)(27)(I) of the Act may concurrently file Form I-360 with Form I-485 only at the
    Nebraska Service Center. Applicants may be eligible for a waiver of the interview pursuant to
    existing I-485 interview waiver criteria. Forms I-360 and I-485 must be filed simultaneously,
    i.e., at the same time bundled together in a single mailer or delivery packet with proper filing
    fees, at the Nebraska Service Center by the alien in order to qualify as "concurrently filed"
    applications.
    In addition, the Nebraska Service Center will be the designated service center to accept a
    petition from an alien seeking classification under section 101(a)(27)(I) of the Act who chooses
    to file only the Form I-360. Any subsequent filing of a Form I-485 by an international
    organization special immigrant must also be submitted to the Nebraska Service Center, together
    with evidence of the approved I-360.
    Any pending petitions and applications at the Texas Service Center, the California
    Service Center, and the Vermont Service Center or at district offices on February 23, 2004,
    should be adjudicated to completion and not forwarded to the Nebraska Service Center.
    Petitions and applications arriving at offices other than the Nebraska Service Center on or after
    February 23, 2004, should be forwarded to the Nebraska Service Center until the instructions to
    the Forms I-360 and I-485 have been amended to include the correct filing address.
    Attachment – Federal Register Notice

  • #2
    I am in need to understand how the new regulations will apply to my case in the light on these (see below) regulations.
    PS:i applied for adjustment of status(i-485)at the NYC district office on august 2001 based on my approved vawa petition(battered spouse).

    Thank you for all your help
    Attachement:
    Department of Homeland Security
    U.S. Citizenship and Immigration Services
    425 I Street, NW
    Washington, DC 20536
    January 23, 2004
    MEMORANDUM FOR REGIONAL DIRECTORS, CIS
    SERVICE CENTER DIRECTORS, CIS
    FROM: William R. Yates /S/ by Janis Sposato
    Associate Director for Operations
    SUBJECT: Concurrent Filing for Section 101(a)(27)(I) Special Immigrants
    This memorandum provides guidance regarding the notice in the Federal Register
    published at 69 FR 3380 (January 23, 2004), which changes the filing procedures for aliens
    eligible to file Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, separately
    or concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status,
    under section 101(a)(27)(I) of the Immigration and Nationality Act (Act).
    On June 10, 1992, the Immigration and Naturalization Service (INS) issued guidance
    allowing aliens eligible for special immigrant classification under section 101(a)(27)(I) of the
    Act to concurrently file an application for adjustment of status with their petition for
    classification as a Special Immigrant -- International Organization Officer or Employee or
    eligible family member at their local INS district office. Petitioners not concurrently submitting
    an adjustment of status application (i.e., submitting only a Form I-360) were required to file their
    petitions at the appropriate service center. Service centers were given discretion to return a
    petition to an alien with instructions to resubmit the petition concurrently with an application for
    adjustment of status at his or her local INS district office in cases where the alien appeared to be
    eligible for adjustment of status. Thus, the 1992 guidance limited the concurrent filing of Forms
    I-360 based upon 101(a)(27)(I) of the Act with Forms I-485 to the Service's district offices.
    This memorandum supercedes the 1992 guidance in regard to the filing of petitions and
    applications under section 101(a)(27)(I) of the Act.
    Updated guidance regarding concurrent filing is needed in order to remind both CIS
    Memorandum for Regional/Service Center Directors Page 2
    Subject: Concurrent Filing for Section 101(a)(27)(I) Special Immigrants
    employees and the public that it is in the best interest for certain aliens seeking special immigrant
    benefits to file for them concurrently. For example, to be considered eligible for special
    immigrant status, unmarried sons and daughters of international organization officers or
    employees must properly file an application for adjustment of status (Form I-485), or an
    application for an immigrant visa if abroad, in addition to the petition for special immigrant
    classification (Form I-360), by their 25th birthday. To minimize the possibility that qualified
    aliens do not lose their eligibility for special immigrant benefits, we are issuing the following
    guidance regarding the centralization of the processing of Forms I-360 and I-485 filed by aliens
    seeking special immigrant classification under section 101(a)(27)(I) of the Act and/or adjustment
    of status based upon classification as a special immigrant under 101(a)(27)(I) of the Act.
    As of February 23, 2004, an alien petitioning for special immigrant classification under
    section 101(a)(27)(I) of the Act may concurrently file Form I-360 with Form I-485 only at the
    Nebraska Service Center. Applicants may be eligible for a waiver of the interview pursuant to
    existing I-485 interview waiver criteria. Forms I-360 and I-485 must be filed simultaneously,
    i.e., at the same time bundled together in a single mailer or delivery packet with proper filing
    fees, at the Nebraska Service Center by the alien in order to qualify as "concurrently filed"
    applications.
    In addition, the Nebraska Service Center will be the designated service center to accept a
    petition from an alien seeking classification under section 101(a)(27)(I) of the Act who chooses
    to file only the Form I-360. Any subsequent filing of a Form I-485 by an international
    organization special immigrant must also be submitted to the Nebraska Service Center, together
    with evidence of the approved I-360.
    Any pending petitions and applications at the Texas Service Center, the California
    Service Center, and the Vermont Service Center or at district offices on February 23, 2004,
    should be adjudicated to completion and not forwarded to the Nebraska Service Center.
    Petitions and applications arriving at offices other than the Nebraska Service Center on or after
    February 23, 2004, should be forwarded to the Nebraska Service Center until the instructions to
    the Forms I-360 and I-485 have been amended to include the correct filing address.
    Attachment – Federal Register Notice

    Comment


    • #3
      mistake correction: on the light of these not on the light on these.
      sorry

      Comment


      • #4
        Could anyone answer my dilema?
        Thank you all.

        Comment

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