INS ISSUES GUIDANCE MEMO ON LOTTERY-BASED ADJUSTMENT OF STATUS APPLICANTS

The Immigration and Naturalization Service has circulated a memorandum to all INS offices regarding processing of DV lottery-based adjustment of status applications. The memo addresses problems with INS offices rejecting filings for being premature.

The memo makes clear that winners of the DV-99 lottery may submit petitions up to three months prior to the month in which the visa number is current in rank (those numbers are published each month in the State Department Visa Bulletin which is always included in this publication). If a DV-99 lottery winner filed an I-485 within three months of the visa availability date, the case should NOT be denied for unavailability of the visa number at the time of filing. For lottery cases filed in October 1998 when no numbers were yet available, INS field offices are directed not to deny if the visa number became available at the time of adjudication. Where an I-485 was filed before the visa cut-off rank becomes current, field offices should hold the case to wait for the availability of a visa number even if the case was filed in excess of 90 days before the visa number became available.

INS field offices have been directed to unilaterally move to reopen cases that would otherwise be approvable under the memo but which have already been denied. No fees will be charged for the motion to reopen and no additional application fees will be owing. No new fingerprints or interviews will be required either

< Back | Next >

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.