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HQ70/23.1P
Office
of the Executive Associate Commissioner
425 I Street NW
Washington,
DC. 20536
August 8, 2000
MEMORANDUM FOR:
All
Regional Directors
All
Service Center Directors
All
District Directors
All
Officers In Charge
All
Training Academies
FROM:
Michael Cronin
[signed by Thomas Cook for Michael Cronin]
Acting Executive Associate Commissioner
Office of Programs
SUBJECT:
Prohibition on
Concurrent Pursuit of Adjustment of Status and Consular Processing
(AD00-15)
Chapter 23.2 of the Adjudicator's
Field Manual, provides guidance on general adjustment of status
issues. This memorandum addresses instances where a beneficiary seeks to pursue
both adjustment of status and consular processing in order to ensure
availability of a visa number.
In Chapter 23 of the Adjudicator's Field Manual, a new section 23.2(1)
is added to read as follows:
23.2
General Adjustment of Status Issues.
Concurrent
pursuit of adjustment of status and consular Processing.
(1) Background. In 1999, the Service issued policy guidance on
when the filing of a Form I-824, Request for Action on an Approved
Application or Petition, was appropriate. That guidance advised that a Form
I-824 should be filed when the petitioner requests a change in the initial
manner of processing noted on the visa petition. It has come to the Service's
attention that applicants for Adjustment of Status are also using the Form
I-824, or in some cases submitting a duplicate visa petition, to request
concurrent consular processing.
The Office of Field Operations and the Office of Programs have reviewed
the issue of concurrent pursuit of adjustment of status and consular processing
and determined that concurrent pursuit would not be an efficient and effective
use of the Service's resources. Further, the pursuit of concurrent filing for
adjustment of status and overseas visa processing runs the risk of allocating
more than one visa number to the same immigrant.
(2) Guidelines. When an alien with a pending I-485 files a
Form I-824 requesting that the visa petition be forwarded to a consulate
the alien or the attorney of record will be notified that the I-824 will
be treated as a request to withdraw the I-485. In accordance with 8 CFR
103.2(b)(8) the notice will provide the alien a response time in which to advise
the Service on how they wish to proceed. The I-485 is to be terminated by
written notice if the alien chooses to pursue consular processing or fails to
respond within the time granted. This notice will also advise the alien of the
termination of any employment authorization granted under 8 CFR 274a.12(c)(9).
The I-824 is then to be approved, and the visa petition forwarded to the
National Visa Center (NVC) for processing.
Likewise, if the Service receives a "duplicate" immigrant visa
petition requesting consular processing, and the alien has a pending
I-485, the Service will notify the alien or the attorney of record that
the duplicate petition will be treated as a request to withdraw the I-485,
as above, provide a response time in which to advise the Service on how they
wish to proceed. The I-485 is to be terminated by written notice if the
alien wishes to pursue consular processing or fails to timely respond. This
notice will advise the alien of the termination of any employment authorization
granted under 8 CFR 274a.12(c)(9). The visa petition along with the duplicate is
then to be forwarded to the NVC for processing.
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