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INS CHANGES POLICY ON ACCEPTANCE OF CHECKS WITH APPLICATIONS

The Immigration and Naturalization Service's Office of Financial Management has issued a memorandum to local and regional INS offices modifying the procedures for accepting personal or business checks (procedures for accepting money orders, certified checks, or cash are not affected).

For applications filed personally at an INS office, applicants must present one form of legal, Government-issued picture identification. A driver's license, passport, green card or INS Employment Authorization Card will do. If an applicant has a social security number, that will be required unless the applicant is a US citizen. If the applicant is a US citizen, he or she has the choice of submitting a social security number or a second form of identification. The identification number (e.g. driver's license number) and the social security number (or alternate identification) are to be recorded on the face of the check. The alien's A number should also be written on the check. If a business check is used, the presenter must show proof of employment with the employer. This will not be required for checks received from attorneys written on the law firm's checking account (as long as the firm's name and address are on the check). In cases where the above cannot be met, the applicant will be required to pay by money order, certified bank check, or cash.

For applications collected from drop boxes, personal or business checks are not permissible. Instead, applicants must pay by money order or certified check.

For applications submitted through the mail, identification is not required. However, local and regional INS offices are being instructed to develop written procedures for handling returned checks. Such procedures may include halting work on cases until the check has cleared.

The INS writes that it is establishing these procedures as a result of receiving more than $1.5 million in bad checks. In some cases, multiple bad checks were written by single individuals apparently with the intent of committing fraud.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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