According to an INS spokesperson, a memorandum that INS has not made public instructs all INS offices to cease same-day adjudications of benefits when there is a temporary A file. This is part of an overall memo requiring all INS offices to undergo certain procedures to “ensure that benefits are not granted to ineligible” persons. Among other things, adjudicators have been told that they must review the full contents of any A file before granting any benefit and that they must review the Service’s Central Index System (CIS) database for additional INS records on the applicant. If any potentially disqualifying information is uncovered, the adjudicator must obtain and review the information and the supervisor or officer-in-charge must sign off on the adjudication.
INS also has advised AILA that, if the FBI indicates in a name check that a negative record might exist, the adjudicator may not complete processing the petition or application until he or she receives a definitive response from the FBI indicating that the information triggered by the name check does not pertain to the applicant in question.
In response to these instructions, District Offices that previously processed employment authorizations and advance paroles on a same-day basis have discontinued the practice, either on a blanket basis or for cases for which they do not have the A file. Some offices have issued blanket statements, such as this one from Harlingen:
“Due to unforeseen circumstances, the Immigration and Naturalization Service will be unable to issue Employment Authorization Documents and Travel Documents until further notice. It is expected that this situation will be resolved in approximately sixty (60) days. If your employer has any questions, they are welcome to contact the Service at (800) 375-5283. We sincerely apologize for the extreme inconvenience this situation will cause you and your family.”
While the INS spokesperson indicated that the policy discussed above would delay issuance of EADs and advance paroles, he had no information as to why some local offices would indicate that they are currently unable to issue EADs and travel documents “until further notice.”
AILA continues to work with INS to attempt to ameliorate the impact of this new policy on applicants’ ability to travel and to work.
INS also has advised AILA that, if the FBI indicates in a name check that a negative record might exist, the adjudicator may not complete processing the petition or application until he or she receives a definitive response from the FBI indicating that the information triggered by the name check does not pertain to the applicant in question.
In response to these instructions, District Offices that previously processed employment authorizations and advance paroles on a same-day basis have discontinued the practice, either on a blanket basis or for cases for which they do not have the A file. Some offices have issued blanket statements, such as this one from Harlingen:
“Due to unforeseen circumstances, the Immigration and Naturalization Service will be unable to issue Employment Authorization Documents and Travel Documents until further notice. It is expected that this situation will be resolved in approximately sixty (60) days. If your employer has any questions, they are welcome to contact the Service at (800) 375-5283. We sincerely apologize for the extreme inconvenience this situation will cause you and your family.”
While the INS spokesperson indicated that the policy discussed above would delay issuance of EADs and advance paroles, he had no information as to why some local offices would indicate that they are currently unable to issue EADs and travel documents “until further notice.”
AILA continues to work with INS to attempt to ameliorate the impact of this new policy on applicants’ ability to travel and to work.