Immigration Services Division : March 28, 2002 Update
Posted May 03, 2002

The Immigration Services Division (ISD) at INS Headquarters holds regular discussions with representatives of the American Immigration Lawyers Association (AILA) to clarify procedures and policies. This report covers matters ISD addressed on March 28, 2002, and we are happy to share the information with our MurthyBulletin and MurthyDotCom readers.

Expedited Petitions for Relatives : Aging Out

The ISD agreed that the Service Centers should expedite processing of I-130 (Petition for Alien Relative) cases in which the beneficiary is close to turning 21 years old and "aging out." Aging out is a significant problem in immigration cases. Essentially, offspring are categorized as either "children" or "sons or daughters." Under the law, a person must be a "child" to receive certain immigration benefits. Such persons become ineligible upon turning 21 years of age. Eligibility for a particular category must exist as of the date the case is filed initially and continue until the case is approved. If the child turns 21 before the case is approved, s/he either moves to a different category (with a significantly longer waiting time) or, in certain instances, may lose eligibility all together. For this reason the INS will expedite processing of applicable cases in certain instances to avoid the drastic consequences caused by "aging out."

I-765 Signature Cards

The INS confirmed that they have revised the procedure for applying for an Employment Authorization Document (EAD). Signature cards separate from the I-765 application will no longer be required. The INS will scan the signature on Form I-765 in order to create the signature on the EAD. It is important, therefore, that signatures be legible and in black ink.

Lost Green Cards

The following is the procedure for making inquiries regarding non-receipt of an initial green card. This only covers instances in which the individual never receives his/her green card, after processing for permanent resident status. It does not address instances in which individuals obtain a green card but somehow lose or misplace the card.

For those individuals who arrive in the U.S. through Los Angeles or San Francisco on an immigrant visa issued at a Consulate abroad, the California Service Center is the appropriate place for inquiry. Individuals entering through any other Port of Entry should direct inquiries to the Texas Service Center.

Persons who adjusted status to permanent residence within the U.S. (I-485 petition rather than a consular processing) must make inquiry at the Service Center having jurisdiction over the local District Office that processed the final I-485 or "green card" paperwork.