t .S. Dcparlm('nl of Homeland .. ()/Jc'I'II/iu!l\' 10 \1;lS"Khll,-:lls !\Vcllll-:. '\. \-\-. D.C. U.S. Citizenship and Immigration Services 70/28 Interoffice MelTIOrandulTI TO: Field Leadership FROM: Donald Neufeld Acting Associate Director DATE: FEB -6 2009 SUBJECT: Revised Guidance Pertaining to the Adjudication of Form 1-90, Application to Replace Permanent Resident Card. Purpose This memorandum provides revised guidance pertaining to the adjudication of Form 1-90, Application to Replace Pelmanent Resident Card, which amends previous guidance established in the policy memorandum titled, Disposition of Cases Involving Removable Alien, issued July 11, 2006 (PM 110). This new guidance aims to facilitate the processing of Form 1-90 to duly provide applicants with evidence of Lawful Permanent Resident (LPR) status. Additionally, this guidance rescinds the memorandum titled, Guidance jor processing "IDENT" 1-90 applications, issued on January 4, 2008. Background Policy Memorandum 110 (PM 110) instructs in pertinent part that if an 1-90 application has an associated Interagency Border Inspection System (IBIS) record with information indicating that the alien poses a national security concern or a Record of Arrest and Prosecution (RAP) sheet indicating an Egregious Public Safety (EPS) concern (as defined in PM 110), then adjudicators must immediately suspend the adjudication of the Form 1-90 and refer the case to Immigration and Customs Enforcement (ICE) via the Office of Fraud Detection and National Security (FDNS). PM 110 also states that the adjudication of such cases must be suspended when identified for no more than 60 days or until ICE provides notification of its intended action(s); whichever is earlier. An applicant who is a Lawful Permanent Resident (LPR) holds such status until either abandoned by the applicant or revoked through rescission and/or removal proceedings. Until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status. FOR OFFICIAL USE www.uscis.gov AILA Doc. No. 09051933 (Posted 5/19/09) l.S. Dcparcm('nl of Ilomcl:Jnd S('(:uril) ()/h'/'{Iliu!l\' 10 \'1;IS"Khll'(llS i\ vcllll(. ,\, W, \\'ashill'.:ion, D,C, 2052'1 U.S. Citizenship and Immigration Services 70/28 Interoffice MelTIOrandulTI TO: Field Leadership FROM: Donald Neufeld Acting Associate Director DATE: FEB -6 2009 SUBJECT: Revised Guidance Pertaining to the Adjudication of Form 1-90, Application to Replace Permanent Resident Card. Purpose This memorandum provides revised guidance pertaining to the adjudication of Form 1-90, Application to Replace Pelmanent Resident Card, which amends previous guidance established in the policy memorandum titled, Disposition of Cases Involving Removable Alien, issued July 11, 2006 (PM 110). This new guidance aims to facilitate the processing of Form 1-90 to duly provide applicants with evidence of Lawful Pernlanent Resident (LPR) status. Additionally, this guidance rescinds the memorandum titled, Guidance for processing "IDENT" 1-90 applications, issued on January 4, 2008. Background Policy Memorandum 110 (PM 110) instructs in peltinent part that if an 1-90 application has an associated Interagency Border Inspection System (IBIS) record with information indicating that the alien poses a national security concern or a Record of Arrest and Prosecution (RAP) sheet indicating an Egregious Public Safety (EPS) concern (as defined in PM 110), then adjudicators must immediately suspend the adjudication of the Form 1-90 and refer the case to Immigration and Customs Enforcement (ICE) via the Office of Fraud Detection and National Security (FDNS). PM 110 also states that the adjudication of such cases must be suspended when identified for no more than 60 days or until ICE provides notification of its intended action(s); whichever is earlier. An applicant who is a Lawful Permanent Resident (LPR) holds such status until either abandoned by the applicant or revoked through rescission and/or removal proceedings. Until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status. FOR OFFICIAL USE www.uscis.gov
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t .S. Dcparlm('nl of Homeland S(,(·.llril~
(~!ij('t' f~/I}()mes!i~.. ()/Jc'I'II/iu!l\'
10 \1;lS"Khll,-:lls !\Vcllll-:. '\. \-\-.WaslJill~~ion. D.C. ~052<)
U.S. Citizenshipand ImmigrationServices
70/28
Interoffice MelTIOrandulTI
TO: Field Leadership
FROM: Donald NeufeldActing Associate Director
DATE: FEB - 6 2009
SUBJECT: Revised Guidance Pertaining to the Adjudication of Form 1-90, Application toReplace Permanent Resident Card.
Purpose
This memorandum provides revised guidance pertaining to the adjudication of Form 1-90,Application to Replace Pelmanent Resident Card, which amends previous guidance established inthe policy memorandum titled, Disposition ofCases Involving Removable Alien, issued July 11,2006 (PM 110). This new guidance aims to facilitate the processing of Form 1-90 to duly provideapplicants with evidence of Lawful Permanent Resident (LPR) status. Additionally, this guidancerescinds the memorandum titled, Guidance jor processing "IDENT" 1-90 applications, issued onJanuary 4, 2008.
Background
Policy Memorandum 110 (PM 110) instructs in pertinent part that if an 1-90 application has anassociated Interagency Border Inspection System (IBIS) record with information indicating that thealien poses a national security concern or a Record of Arrest and Prosecution (RAP) sheet indicatingan Egregious Public Safety (EPS) concern (as defined in PM 110), then adjudicators mustimmediately suspend the adjudication of the Form 1-90 and refer the case to Immigration andCustoms Enforcement (ICE) via the Office of Fraud Detection and National Security (FDNS). PM110 also states that the adjudication of such cases must be suspended when identified for no morethan 60 days or until ICE provides notification of its intended action(s); whichever is earlier.
An applicant who is a Lawful Permanent Resident (LPR) holds such status until either abandoned bythe applicant or revoked through rescission and/or removal proceedings. Until the LPR status iseither abandoned or revoked, the applicant is entitled to evidence of his or her status.
FOR OFFICIAL USE
www.uscis.govAILA Doc. No. 09051933 (Posted 5/19/09)
l.S. Dcparcm('nl of Ilomcl:Jnd S('(:uril)(~!ij('t' (~rl)()}lJes!it.' ()/h'/'{Iliu!l\'
10 \'1;IS"Khll'(llS i\vcllll(. ,\, W,\\'ashill'.:ion, D,C, 2052'1
U.S. Citizenshipand ImmigrationServices
70/28
Interoffice MelTIOrandulTI
TO: Field Leadership
FROM: Donald NeufeldActing Associate Director
DATE: FEB - 6 2009
SUBJECT: Revised Guidance Pertaining to the Adjudication of Form 1-90, Application toReplace Permanent Resident Card.
Purpose
This memorandum provides revised guidance pertaining to the adjudication of Form 1-90,Application to Replace Pelmanent Resident Card, which amends previous guidance established inthe policy memorandum titled, Disposition ofCases Involving Removable Alien, issued July 11,2006 (PM 110). This new guidance aims to facilitate the processing of Form 1-90 to duly provideapplicants with evidence of Lawful Pernlanent Resident (LPR) status. Additionally, this guidancerescinds the memorandum titled, Guidance for processing "IDENT" 1-90 applications, issued onJanuary 4, 2008.
Background
Policy Memorandum 110 (PM 110) instructs in peltinent part that if an 1-90 application has anassociated Interagency Border Inspection System (IBIS) record with information indicating that thealien poses a national security concern or a Record of Arrest and Prosecution (RAP) sheet indicatingan Egregious Public Safety (EPS) concern (as defined in PM 110), then adjudicators mustimmediately suspend the adjudication of the Form 1-90 and refer the case to Immigration andCustoms Enforcement (ICE) via the Office of Fraud Detection and National Security (FDNS). PM110 also states that the adj udication of such cases must be suspended when identified for no morethan 60 days or until ICE provides notification of its intended action(s); whichever is earlier.
An applicant who is a Lawful Permanent Resident (LPR) holds such status until either abandoned bythe applicant or revoked through rescission and/or removal proceedings. Until the LPR status iseither abandoned or revoked, the applicant is entitled to evidence of his or her status.
FOR OFFICIAL USE
www.uscis.gov
Arie and Daniela
ILW Stamp
Revised Guidance Pertaining to the Adjudication of Form 1-90, Application to Replace Permanent Resident Card
70/28
Page 2
Therefore, the guidance pertaining to the adjudication of Form 1-90 established in PM 110 is herebyrevised and all offices will follow the guidance outlined below while adjudicating an 1-90application.
Policy Guidance
All 1-90 applications will be adjudicated when all of the filing requirements and the followingconditions have been met:
1. The applicant has established his or her identity; and
2. It has been established that the applicant is a lawful permanent resident.
Security checks (Fingerprint & IBIS checks)
Officers will ensure that fingerprint checks and IBIS checks have been initiated, completed and arevalid at the time of adjudication of the 1-90 application'; however, any derogatory informationreceived as a result of these checks will be resolved only after the adjudication ofthe 1-90application. The issuance of Form 1-551, Permanent Resident Card must not be delayed due to anypending resolutions.
1-90 applications with an associated national security or egregious public safety concern will also beadjudicated pursuant to the above-mentioned instructions before a referral to ICE is made. Theadjudication of such cases will no longer be suspended as provided in PM 110. Applications with anational security concern or a RAP sheet indicating a criminal concern that meets the definition of anEPS case (as defined in PM 110) will continue to be referred to ICE for review via FDNS pursuantto established procedures, but only after the adjudication of the 1-90 application has been completed.
1-90 applications with a RAP sheet indicating a criminal concern that does not meet the definition ofan EPS case should also be referred to ICE for review via FDNS pursuant to established procedures,if it appears that the alien is removable, but only after the adjudication of the 1-90 application hasbeen completed.
1-90 applications that indicate an alien may be removable based on any other non-criminal groundsshould be reviewed for further action such as rescission of the LPR status and/or NTA issuance atthe local USCIS Field Office pursuant to office policy, but only after the adjudication of the 1-90application has been completed.
I In the case of two consecutive "Unclassifiable" fingerprint results, officers should ensure that they have requested and
received the necessary Police Clearance(s) prior to the adjudication of the 1-90 application. The Police Clearance(s)
should be used in lieu of the fingerprint results, so that officers may decide if the case needs to be forwarded to ICE for
review via FDNS for further action, when required.
FOR OFFICAL USE
AILA Doc. No. 09051933 (Posted 5/19/09)
Revised Guidance Pertaining to the Adjudication of Form 1-90, Application 10 Replace Permanenl Resident Card
70/28
Page 2
Therefore, the guidance pertaining to the adjudication of Form 1-90 established in PM 110 is herebyrevised and all offices will follow the guidance outlined below while adjudicating an 1-90application.
Policy Guidance
All 1-90 applications will be adjudicated when all of the filing requirements and the followingconditions have been met:
1. The applicant has established his or her identity; and
2. It has been established that the applicant is a lawful permanent resident.
Security checks (Fingerprint & IBIS checks)
Officers will ensure that fingerprint checks and IBIS checks have been initiated, completed and arevalid at the time of adjudication of the 1-90 application l
; however, any derogatory informationreceived as a result of these checks will be resolved only after the adjudication of the 1-90application. The issuance of Form 1-551, Permanent Resident Card must not be delayed due to anypending resolutions.
1-90 applications with an associated national security or egregious public safety concem will also beadjudicated pursuant to the above-mentioned instructions before a referral to ICE is made. Theadjudication of such cases will no longer be suspended as provided in PM 110. Applications with anational security concem or a RAP sheet indicating a criminal concem that meets the definition of anEPS case (as defined in PM 110) will continue to be referred to ICE for review via FDNS pursuantto established procedures, but only after the adjudication of the 1-90 application has been completed.
1-90 applications with a RAP sheet indicating a criminal coneem that does not meet the definition ofan EPS case should also be referred to ICE for review via FDNS pursuant to established procedures,if it appears that the alien is removable, but only after the adjudication of the 1-90 application hasbeen completed.
1-90 applications that indicate an alien may be removable based on any other non-criminal groundsshould be reviewed for further action such as rescission of the LPR status and/or NTA issuance atthe local USCIS Field Office pursuant to office policy, but only after the adjudication of the 1-90application has been completed.
I In the case of two consecutive "Unclassifiable" fingerprint results, officers should ensure that they have requested and
received the necessary Police Clearance(s) prior to the adjudication of the 1-90 application. The Police Clearance(s)
should be used in lieu of the fingerprint results, so that officers may decide if the case needs to be forwarded to ICE for
review via FDNS for further action, when required.
FOR OFFICAL USE
Revised Guidance Pertaining to the Adjudication of Form 1-90, Application to Replace Permanent Resident Card
70/28
Page 3
Request for Evidence (RFE)
The issuance of a Request for Evidence (RFE) will be limited to requesting the supportingdocumentation required with the 1-90 application and/or documentation needed to establish identityor status. The issuance of a RFE for arrest records and/or court dispositions is no longer required.As stated in PM 110, ICE is responsible for obtaining such records as part of its decision whetherand when it will issue a Notice to Appear.
Implementation Instructions
In an effort to establish a more uniform and consistent approach to the adjudication of Form 1-90,offices are instructed to institute local processes that encompass the guidelines provided. USCISoffices are instructed to incorporate the processing requirements established in this memorandumwithin their respective local operations immediately. Additionally, this memorandum supersedes allprevious guidance that pertains to the adjudication of Form 1-90.
Contact Information
Questions regarding this memorandum may be directed to Vinay Singla, USCIS Office of FieldOperations, through appropriate supervisory channels.
Distribution List:
Regional DirectorsDistrict DirectorsField Office DirectorsNational Benefits Center DirectorService Center Directors
FOR OFFICAL USE
AILA Doc. No. 09051933 (Posted 5/19/09)
Revised Guidance Pertaining to the Adjudication of Form 1-90, Application to Replace Permanent Resident Card
70/28
Page 3
Request for Evidence (RFE)
The issuance of a Request for Evidence (RFE) will be limited to requesting the supportingdocumentation required with the 1-90 application and/or documentation needed to establish identityor status. The issuance of a RFE for arrest records and/or court dispositions is no longer required.As stated in PM 110, ICE is responsible for obtaining such records as part of its decision whetherand when it will issue a Notice to Appear.
Implementation Instructions
In an effort to establish a more uniform and consistent approach to the adjudication of Form 1-90,offices are instructed to institute local processes that encompass the guidelines provided. USCISoffices are instructed to incorporate the processing requirements established in this memorandumwithin their respective local operations immediately. Additionally, this memorandum supersedes allprevious guidance that pertains to the adjudication of Fom1 1-90.
Contact Information
Questions regarding this memorandum may be directed to Vinay Singla, USCIS Office ofFieldOperations, through appropriate supervisory channels.
Distribution List:
Regional DirectorsDistrict DirectorsField Office DirectorsNational Benefits Center DirectorService Center Directors
FOR OFFICAL USE
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