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INS freeze on adjudications
In a November 13th memorandum INS instructs all its offices to cease same-day adjudications of benefits when there is a temporary A-file. The instructions are part of an overall memo requiring all INS offices to undergo certain procedures to “ensure that benefits are not granted to ineligible applicants.” Based on reports from several INS spokespersons, the following is the summary of what the memo requires.
The memo holds individual adjudicators fully accountable “to obtain and review any and all information” provided in national or local background checks, and to review the full contents of the A-file or petition for any disqualifying information or evidence that such information may exist. Specifically, adjudications officers reviewing the results of IBIS name checks must determine whether the file contains any aliases, and if so, must initiate additional checks of IBIS. Furthermore, if in response to a name check, the FBI indicates to the INS that a record may exist, the adjudicator may not decide the 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. The adjudicator must then document the FBI’s disposition in the applicant’s file.
The memo also stresses that Service personnel must use extra care in adjudicating applications and petitions from a temporary A-file. Namely, applications that are adjudicated from a temporary A-file must undergo all the normally required background checks and must undergo the following additional steps. First, adjudicators must review the Central Index System (CIS) printout to determine if records on the applicant exist in other INS systems. If so, the adjudicator must obtain and review such information and include it in the applicant’s file prior to adjudicating the application. If background checks on the applicant come back negative (i.e. no records are found), the adjudicator must note this fact on the processing sheet and must note the various data checks that were made. A supervisory adjudications officer must review and approve the adjudication of that application on the temporary A-file.
If background checks are positive (i.e., a record or a possible record exist), the adjudicator must obtain the information in question, resolve it, and make it a part of the record. Furthermore, the adjudication cannot be completed until the Assistant District Director for Adjudications, or the Assistant Service Center Director, or the Officer in Charge having jurisdiction over the adjudication has reviewed and approved the decision, and no delegation of this authority may occur.
The memo adds that, in light of the above special precautions that must be taken in connection with adjudicating applications on temporary A-file, and in order to permit supervisory personnel sufficient time to review records, no same-day oath ceremony may take place if the adjudication involves a temporary A-file. However, the Assistant District Director for Adjudications, or the Assistant Service Center Director, or the Officer in Charge can waive this requirement in certain cases. Again, such waivers must be in writing and placed in the applicant’s file.
In response to the memo, some District Offices that previously processed employment authorizations and advance paroles on a same-day basis have apparently discontinued the practice, either on a blanket basis or for cases for which they do not have the A-file. For example, we have been informed that the Boston INS office has ceased doing same-day EADs and advance paroles on a same-day basis where it doesn’t have the A-file (which is most cases); the Minneapolis office has ceased doing same-day advance paroles and EADs; and the Harlingen office had announced that EADs and advance paroles would not be issued until further notice, but then announced that that policy had been rescinded, but it isn’t clear what Harlingen is or is not doing now.
In addition, there are reports that other District Offices have implemented a freeze on adjudications of adjustment of status applications “until further notice”, while they attempt to work out the new procedures. Nebraska Service Center Director Terry Way confirmed that there is a temporary freeze on I-485 adjudications but stated that the purpose of the freeze is to implement a change to the CLAIMS system, and that it has nothing to do with IBIS. He added that the freeze should be lifted “early” next week, and noted that he had not been instructed to halt the processing of any other adjudications.
A spokesman from INS Headquarters stressed that the INS is continuing to process applications for Service benefits as usual, noting that the memo simply instructs adjudicators that cases may not be approved without completion of all required security checks. He added that adjudicators have also been informed that EADs and advance paroles are subject to IBIS checks and may be processed as in the past.
INS freeze on adjudications
In a November 13th memorandum INS instructs all its offices to cease same-day adjudications of benefits when there is a temporary A-file. The instructions are part of an overall memo requiring all INS offices to undergo certain procedures to “ensure that benefits are not granted to ineligible applicants.” Based on reports from several INS spokespersons, the following is the summary of what the memo requires.
The memo holds individual adjudicators fully accountable “to obtain and review any and all information” provided in national or local background checks, and to review the full contents of the A-file or petition for any disqualifying information or evidence that such information may exist. Specifically, adjudications officers reviewing the results of IBIS name checks must determine whether the file contains any aliases, and if so, must initiate additional checks of IBIS. Furthermore, if in response to a name check, the FBI indicates to the INS that a record may exist, the adjudicator may not decide the 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. The adjudicator must then document the FBI’s disposition in the applicant’s file.
The memo also stresses that Service personnel must use extra care in adjudicating applications and petitions from a temporary A-file. Namely, applications that are adjudicated from a temporary A-file must undergo all the normally required background checks and must undergo the following additional steps. First, adjudicators must review the Central Index System (CIS) printout to determine if records on the applicant exist in other INS systems. If so, the adjudicator must obtain and review such information and include it in the applicant’s file prior to adjudicating the application. If background checks on the applicant come back negative (i.e. no records are found), the adjudicator must note this fact on the processing sheet and must note the various data checks that were made. A supervisory adjudications officer must review and approve the adjudication of that application on the temporary A-file.
If background checks are positive (i.e., a record or a possible record exist), the adjudicator must obtain the information in question, resolve it, and make it a part of the record. Furthermore, the adjudication cannot be completed until the Assistant District Director for Adjudications, or the Assistant Service Center Director, or the Officer in Charge having jurisdiction over the adjudication has reviewed and approved the decision, and no delegation of this authority may occur.
The memo adds that, in light of the above special precautions that must be taken in connection with adjudicating applications on temporary A-file, and in order to permit supervisory personnel sufficient time to review records, no same-day oath ceremony may take place if the adjudication involves a temporary A-file. However, the Assistant District Director for Adjudications, or the Assistant Service Center Director, or the Officer in Charge can waive this requirement in certain cases. Again, such waivers must be in writing and placed in the applicant’s file.
In response to the memo, some District Offices that previously processed employment authorizations and advance paroles on a same-day basis have apparently discontinued the practice, either on a blanket basis or for cases for which they do not have the A-file. For example, we have been informed that the Boston INS office has ceased doing same-day EADs and advance paroles on a same-day basis where it doesn’t have the A-file (which is most cases); the Minneapolis office has ceased doing same-day advance paroles and EADs; and the Harlingen office had announced that EADs and advance paroles would not be issued until further notice, but then announced that that policy had been rescinded, but it isn’t clear what Harlingen is or is not doing now.
In addition, there are reports that other District Offices have implemented a freeze on adjudications of adjustment of status applications “until further notice”, while they attempt to work out the new procedures. Nebraska Service Center Director Terry Way confirmed that there is a temporary freeze on I-485 adjudications but stated that the purpose of the freeze is to implement a change to the CLAIMS system, and that it has nothing to do with IBIS. He added that the freeze should be lifted “early” next week, and noted that he had not been instructed to halt the processing of any other adjudications.
A spokesman from INS Headquarters stressed that the INS is continuing to process applications for Service benefits as usual, noting that the memo simply instructs adjudicators that cases may not be approved without completion of all required security checks. He added that adjudicators have also been informed that EADs and advance paroles are subject to IBIS checks and may be processed as in the past.
