Bezpieczeństwo i regulacje · 9.12.2005

Direct Mail Program for Submitting Form I-485, Application To Register Permanent Residence or Adjust Status; Form I-765, Application for Employment Authorization; and Form I-131, Application for Travel Document; Correction

U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register on November 19, 2004, at 69 FR 67751 which announced the expansion of the Direct Mail Program to provide that certain filings of Forms I-485, I- 765, and I-131 be filed at a designated Chicago, Illinois Lockbox Facility for initial processing. That notice, among other things, directed certain aliens applying for work authorization under 8 CFR 274a.12(c)(10), who were described as "aliens granted Suspension of Deportation who are required to file with the USCIS Service Center having jurisdiction," to submit their Form I-765, Application for Employment Authorization, to the Chicago Lockbox Facility. This statement was incorrect in two ways. First, 8 CFR 274a(12)(c)(10) provides that an alien "who has filed an application for suspension of deportation.* * *" may be authorized to accept employment in the United States. That provision, however, does not cover an alien who has already been granted suspension of deportation and is not a lawful permanent resident. Aliens already granted suspension of deportation and lawful permanent resident status are employment authorized incident to status and a