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Immigration Laws and Updates July 2002

Readers are encouraged to search for more information in public law issue under the Illegal Immigration Reform and Immigrant Responsibility Act. Some information provided by West Group Inc. Information below should not be construed as legal advice, if you need legal advice consult with an attorney.

INS Proposes Requiring Aliens to Acknowledge Advance Notice of Change-of-Address Requirements; 200,000 Cards Remain Unfilled

August 5th, 2002

The U.S. Immigration and Naturalization Service (INS) issued a proposed rule on July 26, 2002, that would require every alien applying for immigration benefits to acknowledge having received notice that he or she is required to provide a valid current address to the INS, including any change of address within 10 days of the change; that the INS will use the most recent address provided by the alien for all purposes, including the service of notices to appear if the INS initiates removal proceedings; and, if the alien has changed his or her address but failed to provide the new address to the INS, that the alien will be held responsible for any communications sent to the most recent address provided by the alien. Meanwhile, the INS has collected two million documents that agency offices apparently had misplaced or forgotten. Among the documents are 200,000 unfilled change-of-address cards. INS officials said they plan to have all the documents filed properly by the end of this year.

INS Issues Rule Allowing Concurrent Filing of I-140 and I-485 in Certain Circumstances

August 5, 2002

The U.S. Immigration and Naturalization Service (INS) has published an interim rule, effective July 31, 2002, allowing the Form I-485, Application to Register Permanent Residence or Adjust Status, to be filed concurrently with the Form I-140, Immigrant Petition for Alien Worker, but only when a visa number is available immediately. Previously, INS regulations provided that an alien worker who wished to apply for permanent residence had to wait for approval of the underlying I-140, which resulted in unnecessary delays. The interim rule also provides that, if an employment-based visa petition is pending on July 31, 2002, the alien beneficiary may obtain the benefits of concurrent filing, but only if the alien files the I-485, together with the applicable fee and a copy of the Form I-797, Notice of Action, establishing previous receipt and acceptance by the INS of the underlying I-140 petition.


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