\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 209 Adjustment of status of refugees and aliens granted asylum. \ OI 209.5 Terminal action.
Previous Document Next Document
OI 209.5 Terminal action.
In each approved case, Form I-181 shall be completed and signed by the admitting officer. The port of entry for permanent residence is the location of the INS office completing the adjustment. The date of approval and date of admission for lawful permanent residence shall be determined in accordance with the instructions on the asylum adjustment procedures memorandum accompanying the computer print-out of approvable cases. However, in no case will the date of admission for lawful permanent residence be e
arlier than the date asylee status was originally granted. The adjustment codes are:
Principal asylee, AS-6;
The file copy of the Form I-181 is to be placed on the left side of the alien's A-File.
The applicant and his or her attorney, if any, shall be notified of the approval by use of Form I-181B.
If the asylee, the spouse, or the child was issued a Form I-94 upon admission into the United States at a port of entry, the Form I-94 will need to be processed. Do not process any versions of Form I-94 which were issued to identify the alien as an applicant for asylum, an applicant for following to join status, an asylee, or a spouse or child granted status under section
of the Act, while the alien was inside the United States.
If the asylee, the spouse, or the child has a Form I-94 bearing a revision date earlier than January 1, 1983, the alien's copy is to be stamped on the reverse, "Adjusted 209(b)". Route this copy of the Form I-94 to Appalachian Computer Services, Leni Jackson Bldg. (NIIS Documents), P.O. Box 150, London, Kentucky 40741.
If the asylee, the spouse, or the child has a Form I-94 bearing a revision date on or after January 1, 1983, the reverse side of the alien's copy of Form I-94 departure record shall be stamped "Adjusted 209(b)". Route the departure record to the appropriate Document Control Center or keying center in accordance with instructions in the NIIS Processing Manual.
Complete Form I-89, I-551 or I-586, Card Data Collection Form, in accordance with the instructions in Form M-226, I-551 or I-586 Card Data Collection Manual (ADIT Manual). Forward the Form I-89, with the appropriate copy of the Form I-181, to the card facility for issuance of Form I-551.
Form I-357 shall be delivered to every alien whose application for adjustment has been approved. The date of its delivery shall be entered on the record copy of Form I-181.
The adjudicator shall refer any person who requests a Social Security Card after adjustment to the nearest Social Security Office.
Forward the Health and Human Services form to: Data Analysis Unit, Office of Refugee Resettlement, Department of Health and Human Services, 370 L'Enfant Promenade, SW., Washington, D.C. 20047.
of the Act requires that the Attorney General provide for the annual reporting to Congress of the number of waivers granted under said section for the previous fiscal year, and the reasons for granting such waivers. Therefore, a photocopy of the entire Form I-724 (including Supplement A, if completed) must be forwarded to INS, Headquarters, to the attention of the Office of Refugee, Asylum and Parole for each approved asylum adjustment case in which Form I-724 was also approved.
The asylum adjustment application may not be denied because the applicant appears not to be or appears no longer to be a refugee within the meaning of section
of the Act, or the spouse or child of such a refugee, unless the grant of asylum status has first been revoked, in writing, by the asylum office. After the asylum grant has been revoked, the asylum adjustment application may be denied and the case processed under the provisions of 8 CFR
or 8 CFR
The requirements of
8 CFR 103.2(b)(3)
must be complied with in all cases. This section allows an asylum adjustment applicant the right to inspect certain evidence and the opportunity to rebut certain derogatory information prior to issuance of a decision on the application.
A denial by the district director of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under section
of the Act shall be in writing. The denial must articulate the grounds for denial. No appeal shall lie from the district director's decision.
In any case in which the asylum status has been revoked and the application for adjustment of status denied, the applicant shall be informed that he or she may renew the application before an immigration judge in exclusion or deportation proceedings. The applicant shall be further notified that, if expulsion proceedings are instituted, the alien may apply for withholding of deportation under section
(h) of the Act.
If the alien still meets the definition of refugee, but the application for adjustment of status must be denied on grounds for which a waiver either has not been sought, has been denied, or is not available, the applicant will continue in asylee status. If grounds for possible asylum revocation exist under 8 CFR 208.24, the case must be referred to the asylum office for review in accordance with the procedures outlined in