Concurrent filing of I-140s and I-485s now accepted by INS

News Release from Jewell & Associates

In an interim rule published in the Federal Register today (67 FR 49561 7/31/02), the INS announced that it is no longer necessary for the beneficiaries of EB-1, EB-2 and EB-3 immigrant petitions (also called I-140 petitions) to wait for INS approval of the I-140 before filing their I-485 applications to adjust status to permanent residence.   Effective immediately, I-140s and I-485s may be filed concurrently, provided that a visa number is immediately available, i.e., the beneficiary’s “priority date” is current.  I-485s may also be filed based on I-140s that are pending with INS, provided that a visa number is immediately available.

An I-485 application filed pursuant to this new rule may be accompanied by an application for an Employment Authorization Document (EAD) and an application for an interim travel permit (advance parole, or A/P).  The principal applicant’s spouse and children may also file their I-485s (including EAD and A/P applications) under the new rule.

As a practical matter, the new rule should decrease the time it takes to obtain permanent residence based on employment, and will allow the spouse and children of employment-based permanent residence applicants to work in the U.S. sooner than they could under prior rules.

© Jewell & Associates 2002

Update on requirement that non-citizens notify INS of change of address

News Release from Jewell & Associates

UPDATE: Form AR-11 (Change of Address) can now be found and completed online at http://www.uscis.gov/ar-11.

We published a notice on the INS change-of-address requirement earlier this year, containing differing requirements for immigrants and non-immigrants. INS now has changed its position and declared that all aliens in the U.S. should use the same procedure. Following is an up-to-date summary of the change-of address requirements:

Section 265 of the Immigration & Nationality Act requires aliens (i.e., non-U.S. citizens) in the U.S. to notify the INS in writing of a change of address within 10 days of the change. This provision was part of the U.S. immigration law for many years, but was not enforced. However, in the aftermath of the 9/11/01 attacks, INS is enforcing compliance with the change-of-address requirement.

For any alien in the U.S. to notify the INS of his/her address, the required notification must be made on Form AR-11, an INS change-of-address form. Form AR-11 can be downloaded from the INS web site at http://www.ins.usdoj.gov/graphics/formsfee/forms, and it includes the address to which the form should be sent.  It is advisable to send the form by certified mail, return receipt requested, and to keep a copy of the form.

The obligation to notify the INS in writing of a change of address within 10 days of the change continues until the person becomes a U.S. citizen.

© Jewell & Associates 2002