New Direct-Mail Program for Some I-485/I-765 and I-131 Applications
Posted Nov 26, 2004
Effective as of December 1, 2004, the filing location for certain family-based cases will change for many I-485 (Application for Adjustment of Status), I-765 (Application for Employment Authorization), and I-131 (Application for Travel Document) cases. The change, announced on November 19, 2004, has a two-step phase-in. The first phase begins on December 1, 2004; the second, on April 1, 2005.
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This change primarily affects family-based cases; not employment-based cases. It does not change the immigration laws regarding eligibility. It only affects the procedures regarding where certain forms need to be filed. The new location is a lockbox facility in Chicago, Illinois. Specific address information is provided below. We also detail the cases that are affected.
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Phase I States - December 1, 2004
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The program will be phased in to cover persons residing in specific states / territories as of December 1, 2004. The states are Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming as well as the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. Again, only specific types of cases are affected, even for people who live in the areas included here.
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Phase II States - April 1, 2005
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Procedures will remain unchanged until April 1, 2005 for the areas not listed in Phase I. As of April 1, 2005, affected cases from Alaska, California, Idaho, Iowa, Kansas, Maryland, Missouri, Montana, Nebraska, New Mexico, Oklahoma, Oregon, Texas and Washington will be filed at the Chicago lockbox.
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WHICH I-485s ARE COVERED?
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Family-Based Cases
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As stated above, the category most affected is certain family-based I-485s. Neither the labor certification-based I-485s, nor the employment-based special category cases (National Interest Waiver, Extraordinary Ability, Multinational Executive Transferee, and Outstanding Professor / Researcher) are part of this program. Many MurthyDotCom and MurthyBulletin readers have these types of cases.
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The changed procedure affects immediate relatives who are filing their I-485s based upon approved, pending, or concurrent I-130 filings. It also includes family-based I-485s for family-preference relatives with approved I-130s and current priority dates, as well as their eligible derivative family members.
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Residents of the states listed who are seeking to adjust status to permanent residence after entry as fiancées (including both K-1s and K-3s), as well as the qualifying minor children of such individuals, must file in Chicago as of the dates indicated in the two phase-in programs. The new location must also be used by battered spouses / children filing I-485s based on approved Form I-360s.
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Lottery Winners
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Another significant category of persons subject to the new procedures is that of visa lottery applicants. It is particularly important for these people to file accurately and at the correct location, as their cases are time-sensitive. Incorrect filings can lead to delays, which may, in turn, mean that such cases will not be approved before the annual September 30th deadline. It should be noted that the Chicago address is used ONLY for the I-485s of the visa lottery winners. It is NOT the address for initial visa lottery applications. As our regular readers are aware, we are currently in the period for filing visa lottery applications. More information about this year's diversity lottery program is available in our November 12, 2004 MurthyBulletin article, 2006 DV Lottery Registration Begins, available on MurthyDotCom.
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Miscellaneous Cases
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There are a number of miscellaneous categories of I-485 cases that must be filed in Chicago. Some of these are relatively unusual, while others may be more common in particular regions. It is required that filings for these cases also be made in Chicago: Cuban Adjustment Act cases; Registry cases (for persons continuously present since January 1, 1972); beneficiaries of private bills; certain special immigrant categories; certain AmerAsians; specified Polish / Hungarian nationals previously denied refugee status; and qualified Soviet / IndoChinese refugees.
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WHICH I-765s SHOULD FILE AT CHICAGO?
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The I-765 Application for Employment Authorization for specific, listed categories will need to be filed in Chicago, as well. These include many family-based cases, removal-related cases, and some miscellaneous cases.
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Persons filing their I-485s based upon family petitions, who are now required to file with USCIS local offices, will file their I-765s in Chicago from the effective dates indicated above.
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Chicago will be the appropriate filing location for I-765s for persons who have been granted withholding of removal, those granted suspension of deportation, persons under orders of supervision following removal, certain detained foreign nationals who are paroled in for emergency / public interest reasons, persons given deferred action, and persons filing under the registry provisions.
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WHICH I-131s SHOULD FILE AT CHICAGO?
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Eligible persons filing Applications for Travel Documents (I-131s) requesting Advance Parole, who fit the criteria listed for the I-485/I-765 filings described above, must file in Chicago.
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ADDRESS FOR FILING
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The affected I-485s, I-765s, and I-131s must now be sent either to :
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, Illinois 60680
or, for deliveries that cannot be made to post office boxes :
U.S. Citizenship and Immigration Services
427 S. La Salle, 3rd Floor
Chicago, Illinois 60605-1098
30-DAY TRANSITION
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During the first 30 days after the change in procedures, cases filed at the
wrong location, under the old rules, will be forwarded to the Chicago
address. These cases will be considered properly filed only as of the date
they are received in Chicago. After the 30-day transition, however,
incorrectly filed cases will be returned to the sender with instructions for
filing in Chicago.
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While change always causes a bit of confusion, according to the USCIS
announcement the purpose of these changes is to increase efficiency and
standardization and to utilize better information management technology.
Hopefully, this will be the case and there will be noticeable improvements,
particularly in the areas of Employment Authorization Document and Advance
Parole issuance, as these are often sources of a great deal of stress and
anxiety for applicants.
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