Final Rule: I-485 Receipt Notices Not Required for H & L Travel
Posted Nov 02, 2007
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The Department of Homeland Security (DHS) issued a Final Rule, effective November 1, 2007, that eliminates the requirement that a person traveling in H or L status have the receipt notice for any I-485 Application for Adjustment of Status that s/he has filed. Long-time readers of MurthyDotCom and the MurthyBulletin will recall that the U.S. Citizenship and Immigration Services (USCIS) is an agency of the DHS. This rule comes as a relief to many who filed their I-485s in June, July, and August 2007, as well as future applicants. The likelihood of this change was reported in our October 19, 2007 article, Updates on July and August 2007 AOS/I-485 Filings.
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Earlier Rule Required the Original I-485 Receipt Notice
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The prior rule stated that an I-485 is deemed abandoned if an individual travels abroad without an advance parole (AP) approval, unless s/he is traveling in H1B/H-4 or L-1/L-2 status. To use this approved AP exception, however, the traveler was also supposed to carry the original receipt notice for the I-485 in order to reenter the United States. While the receipt notice portion of the regulation historically was not enforced, it created uncertainty and potential problems. Fortunately, as of November 1, 2007, a person is no longer required to have or to show an I-485 receipt notice in order to travel abroad and reenter using his/her H or L nonimmigrant status.
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Rationale - Delays in Issuance of Receipt Notices
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In issuing the Final Rule, the DHS noted that it is not always possible to ensure immediate issuance and mailing of receipt notices. Delays in sending the notices create problems for applicants in H1B/H-4 or L-1/L-2 status who need or want to travel abroad. The DHS found this to be unduly burdensome and unnecessary. They also issued this as a Final Rule, rather than as a proposed regulation with a comment period, because it eliminates an unnecessary burden on foreign nationals, without changing the manner in which cases are adjudicated or immigration benefits are determined. The DHS wanted the rule to take effect as soon as possible, to avoid further hardships with respect to travel.
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Conclusion
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This is a favorable and necessary change. The I-485 receipt requirement did not serve any clear purpose, and only created potential complications and uncertainty. We at the Murthy Law Firm are pleased with this change, as it facilitates travel for our clients and many throughout the immigrant community who must leave the U.S. for business and/or family matters.