The INS has released a memorandum providing follow-up guidance for dealing with improperly filed applications and visa petitions received during the three days prior to the ending of Section 245i of the Immigration and Nationality Act.

On January 9th, the INS issued a memo to its files offices instructing them to follow more lenient rules for accepting adjustment of status applications and visa petitions. The memo said that on January 12, 13 and through midnight of the 14th, all INS offices were to 1) accept all Form I-485 applications submitted under section 245(i) as long as they were signed by the applicants and accompanied by the correct fees; 2) accept all visa petitions meeting the regulated threshold requirement; 3) permit applicants and petitioners to submit their applications or petitions to any district, sub-office or service center during those three days; and 4) as soon as practicable after January 14, 1998, forward all appropriate applications and petitions and their accompanying fees to the appropriate office.

The INS' follow up memorandum provides further instructions regarding reviewing applications and petitions to ensure that they were properly filed. An adjustment application is considered properly filed under the special procedures if 1) it had the appropriate fee; 2) it was signed by the applicant; and 3) a visa was immediately available. A visa petition only needed to have been accompanied by the appropriate fee and was signed by the petitioner.

INS offices are instructed to return applications and fees to persons who did not meet these minimum requirements.

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