The Immigration and Naturalization Service (INS) has announced an interim rule that requires refugees and asylees to file applications for adjustment of status to that of lawful permanent resident directly with an INS service center. This change is meant to improve customer service to these applicants.

Under the previous rules, refugees and asylees applied to local INS offices for adjustment of status after they were in the US for a year in refugee or asylee status. Under the interim rule, refugees or asylees will mail their Form I-485 applications for adjustment of status directly to the Nebraska Service Center in Lincoln, Nebraska for processing. If the NSC determines that an interview is necessary, it will refer the case back to the local INS office. That may happen if the INS has reason to believe that there are indications of fraud, criminal charges, changes in the country conditions upon which refugee or asylum status was based, or asylees who entered the US without inspection. And an additional 2% of cases will be referred for interviewing on a random basis.

Section 209(a) of the Immigration and Nationality Act states that a refugee must be returned to the "custody" of the INS for inspection and examination in connection with adjusting status to permanent residency. There is no comparable requirement for asylees. The "custody" requirement for refugees applying for adjustment of status can be met if the INS maintains sufficient control over the applicants to make a determination of their admissibility to the US as immigrants and to institute removal procedures if they are found to be inadmissible. A procedure that requires refugees to apply for adjustment of status and gives the INS authority to compel them to appear before an officer of the INS also satisfies the requirements of Section 209(a). The INS can require refugees seeking adjustment to be interviewed by an INS officer, but it does not have to in every case.

To facilitate the extension of the Direct Mail Program to include the adjustment of status of refugees, the INS will now require refugees seeking permanent residency to submit Form I-485 without a fee to the INS. In requiring refugees to submit a Form I-485, the INS will be constructively placing the refugee under its custodial control. The waiver of the fee is intended to further the established policy of assisting refugees in their settlement and assimilation into American society.

Medical exams are required for asylees, but not refugees seeking to adjust status. That is because refugees must submit to a medical examination when seeking entry to the US whereas asylees do not have such a requirement tied to the asylum petition.

The new rule becomes effective on July 6, 1998 and for 60 days following that date, local INS offices that receive adjustment applications will forward them, at no cost to the applicant, to the Nebraska Service Center. After that date, applications will be returned to the applicant for proper filing with the NSC.