INS Headquarters : August 2002 Update
Posted Aug 16, 2002

We regularly update MurthyBulletin and MurthyDotCom readers on current procedural and policy issues as provided by the Immigration and Naturalization Service (INS) in liaison meetings with the American Immigration Lawyers Association (AILA). This information comes from a meeting with INS Headquarters on August 1, 2002.

IBIS Procedure

INS performs background checks using the "IBIS" database for all types of applications and petitions, whether filed at the regional Service Centers or the local District Offices. These checks occur within 15 days of receiving the case and remain valid for 35 days. If the adjudication occurs more than 35 days after the IBIS check, a new check is required.

These timeframes can become an issue for Adjustment of Status (I-485) applications. In those cases, the Service Center sends an approval notice directing the applicant to the Local District Office for a passport stamp. If the passport stamp is done within 35 days of the last IBIS check, no additional check is needed. If a further IBIS check is needed before the passport can be stamped, it may take only a day at many of the local offices. However, if the check results in a "hit" (a match with a record on file of a person with a criminal issue or other serious problem) the case may take much longer to resolve.

Note that, since IBIS is a name check system, if one has a very common name there may be a "hit" based on the record of some other person who happens to have the same name. In the event of a hit, the local office is required to place a stamp in the passport as evidence of permanent resident status, valid for 30 days only. This stamp will provide evidence of authorization to work and will allow travel for the 30-day period. No mention was made regarding procedures if the matter is not cleared up within 30 days but, presumably, the person could obtain another stamp if needed.

Diversity Lottery

The INS confirmed their policy of allowing the filing of Adjustment of Status applications three months prior to the "priority date" for the case number in diversity lottery cases. This early filing procedure assists the INS in processing these highly time-sensitive cases that must be adjudicated by the end of the INS fiscal year, which occurs at the end of September each year.

EAD Renewals

The AILA liaison raised issues regarding various difficulties experienced by individuals attempting to renew Employment Authorization Documents (EADs). These problems include extended delays in processing and difficulty in obtaining interim EADs at the local office. Local offices will issue interim EADs if the application for EAD has been pending for 90 days or more. However, in some local offices appointments must be made several weeks in advance. Also, if the Service Center has approved the EAD application, but the applicant has not yet received the card, a local office will not issue the interim EAD. There have been delays of several weeks between approvals and actual receipt of the card.

INS verified that, by regulation, all local offices must issue interim EADs when the application has been pending for 90 days or more. They cannot do so for approved cases because the regulations only allow for interim cards when the application is still pending. Due to security checks, many of the local offices cannot perform this service on a one-day basis. Therefore, we advise MurthyBulletin and MurthyDotCom readers to apply for EAD renewals well in advance and, if not received by the 90^th day, to check the local office procedures regarding interim EADs rather than presume it can be handled on a walk-in, same day basis. These precautionary measures will help to avoid lapses in authorization to work.

With respect to the delays between approval and issuance of the cards, the INS explained that, when the application is approved, a card order is sent automatically. Once the order is received, the maximum processing time for card issuance is 4 days. Of course, this figure does not include mailing time. During the current fiscal year, the average processing time for card issuance after approval has been within one day. Failure to notify of a change of address could cause delays, as the card will be returned to the processing facility.

EAD applications are processed on a first-in, first-out basis. If renewal EAD applications are filed before the expiration of the existing EAD, they are supposed to be approved back to the prior expiration date to avoid any lapses in work authorization.

B-1/B-2 Regulations

INS confirmed that they were still reviewing the comments submitted in response to the proposed regulation that would change the presumed entry period for visitors from six months to thirty days. This proposed regulation, issued in April 2002, created a substantial stir in the immigrant community and among businesses that depend on tourism. This proposed regulation was covered in our April 10, 2002 NewsFlash : Major Changes for Visitors and Students, available on MurthyDotCom.

AC21 Regulations

INS stated that the proposed rule is still under review. Of course, these long-awaited regulations will be reported in the MurthyBulletin and on MurthyDotCom when they are released.

Electronic Filing

The INS is working toward their goal of electronic filing of Forms I-765 (Application for Employment Authorization) and I-90 (Application to Replace Permanent Residence Card) by the end of this fiscal year. The INS fiscal year ends on September 30, 2002. The project is currently on target for that date but INS will not be able to be definite about the date of implementation before completion of the development and testing phases. INS expects to offer electronic filing of many additional types of applications and petitions in the not-too-distant future.