Updates from INS Headquarters – July 2001
Posted Aug 24, 2001

The MurthyBulletin regularly provides readers with updates of discussions between attorney representatives of the American Immigration Lawyers Association (AILA) and government officials. The following are some highlights from a July 19, 2001 teleconference with the Immigration Services Division at INS Headquarters. Minutes of the teleconference were released to AILA members on August 9, 2001.

Receipt Processing at Service Centers

There have been some improvements in processing times for receipt issuance beginning in July 2001, though there are still delays with respect to many types of cases at several Service Centers. As of the time of the teleconference, INS did not yet have an estimate as to when the "frontlog" (cases awaiting data entry and receipt issuance) would be cleared, but INS has been giving higher priority to such time-sensitive cases as I-129s and employment authorization documents.

Once all the cases are data entered, they will of course become part of the backlog of cases to be processed.

Postmark Date for Cases to Qualify for 245(i) "Grandfathering"

We have written often in the MurthyBulletin about the law known as 245(i), to enable persons to complete the Green Card process within the U.S. if their petitions were filed before April 30, 2001 (even if they are out of status). For more details on 245(i), you can search MurthyDotCom for articles on the topic.

In order to qualify for 245(i) it is crucial to have proof that a petition was filed with INS or a labor certification application was filed with the local Department of Labor (DOL) on or before April 30, 2001. INS, in its regulations and various notices, had stated that a postmark date on or before that date would be sufficient. (Note that the DOL does not accept postmarks. Rather the application must be received on or before the required date.) AILA representatives therefore asked how INS was keeping a record of postmark dates. The answer was that they are saving either the whole envelope or the portion showing the postmark in the petition file. The receipt or approval notice should show a priority date on or before April 30, even if the notice itself is printed later. When the notice is printed with a priority date later than the time the petition was actually filed, INS recommends submitting proof of the filing date and requesting a corrected notice. Alternatively, one can show such proof when filing the I-485 application package.

V and K Regulations Under the LIFE Act

At the time of the teleconference, the regulations for both the V visa and the K-3 spouse visa were in the final stage of the clearance process. The K-3 regulations were published subsequently, on August 14, 2001. (See article above, entitled "K-3 Regulations Released – August 2001.") Hopefully the INS will also issue the V visa regulations shortly.