[Federal Register: January 23, 2004 (Volume 69, Number 15)]
[Notices]
[Page 3380-3381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja04-70]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
[CIS No. 2304-03]
Direct Mail of Requests for Special Immigrant Classification and/
or Adjustment of Status by Officers or Employees of International
Organizations and Their Family Members
AGENCY: Bureau of Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: This notice advises eligible members of the international
organization community that the Bureau of Citizenship and Immigration
Services (CIS) is adjusting and expanding its Direct Mail Program by
directing that all petitions for special immigrant classification
pursuant to section 101(a)(27)(I) of the Immigration and Nationality
Act (Act), whether submitted separately, or concurrently with an
application for adjustment of status, be mailed to the Nebraska Service
Center. Applicants who apply for adjustment of status based on a
previously approved petition for special immigrant classification
pursuant to section 101(a)(27)(I) of the Act must file their adjustment
application at the Nebraska Service Center. We are making this change
to provide better customer service.
DATES: This notice is effective February 2, 2004.
FOR FURTHER INFORMATION CONTACT: Corinna Luna-Benavides, Service Center
Operations, Bureau of Citizenship and Immigration Services, Department
of Homeland Security, 20 Massachusetts Avenue, NW, Washington, DC
20314, telephone (202) 305-8010.
SUPPLEMENTARY INFORMATION:
Background
What Is the Direct Mail Program?
Under the Direct Mail Program, individuals seeking certain
immigration benefits, including classification as a special immigrant
pursuant to section 101(a)(27)(I) of the Act, have been directed to
mail the prescribed application or petition directly to a service
center for processing instead of submitting it to a local office. See
61 FR 56060 (October 30, 1996). This centralized procedure has resulted
in more efficient processing of applications through standardization,
the elimination of duplicative work, and the increase in staff
productivity.
What Authority Does CIS Have To Administer the Direct Mail Program?
On March 1, 2003, the functions of the Immigration and
Naturalization Service (Service) were transferred from the Department
of Justice to the Department of Homeland Security (DHS) pursuant to the
Homeland Security Act of 2002, Public Law 107-296. The responsibility
for the immigration-benefits-adjudications function of the Service,
which includes the processes for the filing of petitions and
applications, was transferred to CIS of the DHS.
Explanation of Changes
What Does This Notice Do?
This Notice advises eligible members of the international
organization community that, as of February 23, 2004, if they wish to
file a petition for classification as a special immigrant pursuant to
section 101(a)(27)(I) of the Act on Form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant, the Form I-360 must be mailed to the
Nebraska Service Center. If the petitioner wishes to file an
application for adjustment of status on Form I-485, Application to
Register Permanent Residence or Adjust Status, concurrently with the
Form I-360, the Form I-485 must be mailed simultaneously (filed at the
same time, bundled together in a single mailer or delivery packet, with
proper filing fees, to the Nebraska Service Center). Applicants who
file Form I-485 for adjustment of status based on a previously approved
petition for classification as a special immigrant pursuant to section
101(a)(27)(I) of the Act, must now file their application for
adjustment of status only at the Nebraska Service Center.
Does This Notice Make Any Changes Relating to an Alien's Eligibility
for Classification as a Special Immigrant and/or Adjustment of Status?
No. This notice only alters the filing location for petitions and
applications for adjustment of status, filed either concurrently or
separately under the Direct Mail Program, submitted by international
organizations' officers or employees and their family members seeking
special immigrant classification pursuant to section 101(a)(27)(I) of
the Act.
How Are These Petitions and Applications Currently Being Processed?
Currently, if an eligible alien were filing only a Form I-360
petition for classification as a special immigrant pursuant to section
101(a)(27)(I) of the Act, he or she would file the petition at the
service center having jurisdiction over his or her place of residence.
If an eligible alien were petitioning for special immigrant
classification and applying for adjustment of status concurrently, then
he or she would apply for both actions at his or her local district
office. If an alien were applying for adjustment of status after his or
her Form I-360 petition for classification as a special immigrant had
been approved, then that alien would file a Form I-485 adjustment
application at his or her local district office.
Why Is CIS Changing the Application Filing Location at This Time?
The CIS is consolidating the adjudication of these benefits at one
location to enhance the uniformity of decisions and improve customer
service.
Are There Any Advantages for an Alien Eligible for Classification as a
Special Immigrant Pursuant to Section 101(a)(27)(I) of the Act To
Concurrently File an Application for Adjustment of Status (Form I-485)
With His or Her Petition for Special Immigrant Classification (Form I-
360)?
For certain eligible aliens, it may be in their best interest to
file concurrently because of statutory deadlines requiring them to file
for adjustment of status by a certain date.
Why Would an Alien Eligible Under Section 101(a)(27)(I) of the Act Not
Want To File an Application for Adjustment Concurrently With a Petition
for Special Immigrant Classification?
There may be certain situations whereby aliens might wish to
continue to maintain their current immigration status, while knowing
that they have
[[Page 3381]]
already qualified for special immigrant status. In addition, an
eligible alien may be currently outside the United States and wish to
file the petition for special immigrant classification with CIS, before
applying for an immigrant visa abroad, rather than applying to adjust
status in the United States.
How Will Eligible Applicants Be Notified of This Change in Filing
Location?
In addition to this notice, CIS will be alerting those eligible
aliens of the new filing procedures on its forms Web site, at http://www.uscis.gov/graphics/formsfee/index.htm.
To ensure that all
international organizations are aware of this change, the Department of
State will be contacting these organizations to inform them of the new
filing procedure.
When Will the New Procedure Become Effective?
This procedure becomes effective on February 23, 2004.
What Address Should Be Used?
If an alien is only submitting a petition for classification as a
special immigrant (Form I-360) pursuant to section 101(a)(27)(I) of the
Act, then the following address should be used: Nebraska Service
Center, P.O. Box 87360, Lincoln, NE 68501-7360.
If an alien is concurrently submitting an application for
adjustment of status (Form I-485) with a petition for classification as
a special immigrant (Form I-360) pursuant to section 101(a)(27)(I) of
the Act, or if an alien who has already had the Form I-360 approved by
CIS pursuant to section 101(a)(27)(I) of the Act and later separately
submits an application for adjustment of status (Form I-485), then the
following address should be used: Nebraska Service Center, P.O. Box
87485, Lincoln, NE 68501-7485.
What Will Happen to the Petitions/Applications Already Filed?
Petitions for classification as a special immigrant pursuant to
section 101(a)(27)(I) of the Act and any applications for adjustment of
status based upon such special immigrant classification that have been
filed with CIS prior to February 23, 2004, will be adjudicated to their
completion at the service center or district office where they were
originally filed.
What Will Happen to Those Applications/Petitions Filed at a Service
Center or District Office After February 23, 2004?
Petitions for classification as a special immigrant pursuant to
section 101(a)(27)(I) of the Act and any applications for adjustment of
status based upon such special immigrant classification that are filed
with CIS at a location other than the Nebraska Service Center after
February 23, 2004, will be forwarded to the Nebraska Service Center
until the instructions to the Forms I-360 and I-485 have been amended
to include the correct filing address.
Will Aliens Applying for Adjustment of Status Be Interviewed?
Applicants may be eligible for a waiver of the interview pursuant
to existing CIS interview waiver criteria. If the interview requirement
is not waived, the case at the Nebraska Service Center will be referred
to the district office where the applicant lives for an interview.
Which Applicants Will This Notice Affect?
This notice will affect those eligible individuals who have not yet
submitted their petitions for special immigrant classification pursuant
to section 101(a)(27)(I) of the Act and/or filed for adjustment of
status based upon classification as a special immigrant pursuant to
section 101(a)(27)(I) of the Act.
Dated: December 2, 2003.
Eduardo Aguirre,
Director, Bureau of Citizenship and Immigration Services.
[FR Doc. 04-1513 Filed 1-21-04; 2:14 pm]
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