Government Agency Responses on Emergency Issues

September 14, 2001

The American Immigration Lawyers Association has been discussing with the relevant government agencies a great many immigration-related issues that have arisen as a result of Tuesday's attacks on the World Trade Center and the Pentagon.  Most issues are still being worked out, but the following are some conclusions that have been reached:

·                     INS will liberally exercise discretion to accept filings that miss deadlines (such as status expirations, RFE response deadlines, appeal deadlines, etc.) as the result of situations created by the attacks.  This includes the lack of mail or courier service due to grounded air traffic and halted mail service.  AILA is working with INS to further refine how this is defined.

·                     DOL and SESAs also will liberally overlook deadlines missed as the result of situations created by the attacks.

·                     (AILA has not yet received a response from EOIR on the deadlines issue.)

·                     DOL and INS will expedite (without the premium processing fee) H-2B requests for persons to work on rescue, clean-up or rebuilding efforts in the aftermath of the attacks.  For requests going to the NSC, please mark these petitions to the attention of Neil Jacobson.

·                     VSC has offered to expedite cases for petitioners that were located in the World Trade Center (without the premium processing fee).  We should have more information on the exact terms of this offer shortly. 

Again, we wish to thank AILA for all of the assistance it has provided during these difficult times.

  

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