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[Federal Register: January 23, 2004 (Volume 69, Number 15)]
[Notices]               
[Page 3380-3381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja04-70]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Bureau of Citizenship and Immigration Services

[CIS No. 2304-03]

 
Direct Mail of Requests for Special Immigrant Classification and/
or Adjustment of Status by Officers or Employees of International 
Organizations and Their Family Members

AGENCY: Bureau of Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice advises eligible members of the international 
organization community that the Bureau of Citizenship and Immigration 
Services (CIS) is adjusting and expanding its Direct Mail Program by 
directing that all petitions for special immigrant classification 
pursuant to section 101(a)(27)(I) of the Immigration and Nationality 
Act (Act), whether submitted separately, or concurrently with an 
application for adjustment of status, be mailed to the Nebraska Service 
Center. Applicants who apply for adjustment of status based on a 
previously approved petition for special immigrant classification 
pursuant to section 101(a)(27)(I) of the Act must file their adjustment 
application at the Nebraska Service Center. We are making this change 
to provide better customer service.

DATES: This notice is effective February 2, 2004.

FOR FURTHER INFORMATION CONTACT: Corinna Luna-Benavides, Service Center 
Operations, Bureau of Citizenship and Immigration Services, Department 
of Homeland Security, 20 Massachusetts Avenue, NW, Washington, DC 
20314, telephone (202) 305-8010.

SUPPLEMENTARY INFORMATION:

Background

What Is the Direct Mail Program?

    Under the Direct Mail Program, individuals seeking certain 
immigration benefits, including classification as a special immigrant 
pursuant to section 101(a)(27)(I) of the Act, have been directed to 
mail the prescribed application or petition directly to a service 
center for processing instead of submitting it to a local office. See 
61 FR 56060 (October 30, 1996). This centralized procedure has resulted 
in more efficient processing of applications through standardization, 
the elimination of duplicative work, and the increase in staff 
productivity.

What Authority Does CIS Have To Administer the Direct Mail Program?

    On March 1, 2003, the functions of the Immigration and 
Naturalization Service (Service) were transferred from the Department 
of Justice to the Department of Homeland Security (DHS) pursuant to the 
Homeland Security Act of 2002, Public Law 107-296. The responsibility 
for the immigration-benefits-adjudications function of the Service, 
which includes the processes for the filing of petitions and 
applications, was transferred to CIS of the DHS.
Explanation of Changes

What Does This Notice Do?

    This Notice advises eligible members of the international 
organization community that, as of February 23, 2004, if they wish to 
file a petition for classification as a special immigrant pursuant to 
section 101(a)(27)(I) of the Act on Form I-360, Petition for Amerasian, 
Widow(er), or Special Immigrant, the Form I-360 must be mailed to the 
Nebraska Service Center. If the petitioner wishes to file an 
application for adjustment of status on Form I-485, Application to 
Register Permanent Residence or Adjust Status, concurrently with the 
Form I-360, the Form I-485 must be mailed simultaneously (filed at the 
same time, bundled together in a single mailer or delivery packet, with 
proper filing fees, to the Nebraska Service Center). Applicants who 
file Form I-485 for adjustment of status based on a previously approved 
petition for classification as a special immigrant pursuant to section 
101(a)(27)(I) of the Act, must now file their application for 
adjustment of status only at the Nebraska Service Center.

Does This Notice Make Any Changes Relating to an Alien's Eligibility 
for Classification as a Special Immigrant and/or Adjustment of Status?

    No. This notice only alters the filing location for petitions and 
applications for adjustment of status, filed either concurrently or 
separately under the Direct Mail Program, submitted by international 
organizations' officers or employees and their family members seeking 
special immigrant classification pursuant to section 101(a)(27)(I) of 
the Act.

How Are These Petitions and Applications Currently Being Processed?

    Currently, if an eligible alien were filing only a Form I-360 
petition for classification as a special immigrant pursuant to section 
101(a)(27)(I) of the Act, he or she would file the petition at the 
service center having jurisdiction over his or her place of residence. 
If an eligible alien were petitioning for special immigrant 
classification and applying for adjustment of status concurrently, then 
he or she would apply for both actions at his or her local district 
office. If an alien were applying for adjustment of status after his or 
her Form I-360 petition for classification as a special immigrant had 
been approved, then that alien would file a Form I-485 adjustment 
application at his or her local district office.

Why Is CIS Changing the Application Filing Location at This Time?

    The CIS is consolidating the adjudication of these benefits at one 
location to enhance the uniformity of decisions and improve customer 
service.

Are There Any Advantages for an Alien Eligible for Classification as a 
Special Immigrant Pursuant to Section 101(a)(27)(I) of the Act To 
Concurrently File an Application for Adjustment of Status (Form I-485) 
With His or Her Petition for Special Immigrant Classification (Form I-
360)?

    For certain eligible aliens, it may be in their best interest to 
file concurrently because of statutory deadlines requiring them to file 
for adjustment of status by a certain date.

Why Would an Alien Eligible Under Section 101(a)(27)(I) of the Act Not 
Want To File an Application for Adjustment Concurrently With a Petition 
for Special Immigrant Classification?

    There may be certain situations whereby aliens might wish to 
continue to maintain their current immigration status, while knowing 
that they have

[[Page 3381]]

already qualified for special immigrant status. In addition, an 
eligible alien may be currently outside the United States and wish to 
file the petition for special immigrant classification with CIS, before 
applying for an immigrant visa abroad, rather than applying to adjust 
status in the United States.

How Will Eligible Applicants Be Notified of This Change in Filing 
Location?

    In addition to this notice, CIS will be alerting those eligible 
aliens of the new filing procedures on its forms Web site, at http://www.uscis.gov/graphics/formsfee/index.htm.
 To ensure that all 

international organizations are aware of this change, the Department of 
State will be contacting these organizations to inform them of the new 
filing procedure.

When Will the New Procedure Become Effective?

    This procedure becomes effective on February 23, 2004.

What Address Should Be Used?

    If an alien is only submitting a petition for classification as a 
special immigrant (Form I-360) pursuant to section 101(a)(27)(I) of the 
Act, then the following address should be used: Nebraska Service 
Center, P.O. Box 87360, Lincoln, NE 68501-7360.
    If an alien is concurrently submitting an application for 
adjustment of status (Form I-485) with a petition for classification as 
a special immigrant (Form I-360) pursuant to section 101(a)(27)(I) of 
the Act, or if an alien who has already had the Form I-360 approved by 
CIS pursuant to section 101(a)(27)(I) of the Act and later separately 
submits an application for adjustment of status (Form I-485), then the 
following address should be used: Nebraska Service Center, P.O. Box 
87485, Lincoln, NE 68501-7485.

What Will Happen to the Petitions/Applications Already Filed?

    Petitions for classification as a special immigrant pursuant to 
section 101(a)(27)(I) of the Act and any applications for adjustment of 
status based upon such special immigrant classification that have been 
filed with CIS prior to February 23, 2004, will be adjudicated to their 
completion at the service center or district office where they were 
originally filed.

What Will Happen to Those Applications/Petitions Filed at a Service 
Center or District Office After February 23, 2004?

    Petitions for classification as a special immigrant pursuant to 
section 101(a)(27)(I) of the Act and any applications for adjustment of 
status based upon such special immigrant classification that are filed 
with CIS at a location other than the Nebraska Service Center after 
February 23, 2004, will be forwarded to the Nebraska Service Center 
until the instructions to the Forms I-360 and I-485 have been amended 
to include the correct filing address.

Will Aliens Applying for Adjustment of Status Be Interviewed?

    Applicants may be eligible for a waiver of the interview pursuant 
to existing CIS interview waiver criteria. If the interview requirement 
is not waived, the case at the Nebraska Service Center will be referred 
to the district office where the applicant lives for an interview.

Which Applicants Will This Notice Affect?

    This notice will affect those eligible individuals who have not yet 
submitted their petitions for special immigrant classification pursuant 
to section 101(a)(27)(I) of the Act and/or filed for adjustment of 
status based upon classification as a special immigrant pursuant to 
section 101(a)(27)(I) of the Act.

    Dated: December 2, 2003.
Eduardo Aguirre,
Director, Bureau of Citizenship and Immigration Services.
[FR Doc. 04-1513 Filed 1-21-04; 2:14 pm]
BILLING CODE 4410-10-P




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