[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Pages 73254-73255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23842]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2273-03]


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

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice of correction.

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SUMMARY: 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

[[Page 73255]]

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 are not required to file for an employment authorization 
document. Second, the November 19, 2004 Direct Mail Notice was meant to 
affect only those Form I-765 applicants who, at the time the notice was 
issued, were required to file their applications at a local USCIS 
office. USCIS did not intent to change the filing location for those I-
765s applications requesting employment authorization under 8 CFR 
274.12(c)(10) that were previously filed at and adjudicated by a 
Service Center, such as those based upon an application for relief 
pursuant to section 203 of the Nicaraguan Adjustment and Central 
American Relief Act, Public Law 105-100, as amended. Accordingly, the 
Federal Register notice needs to be corrected to clarify this point. 
USCIS hereby corrects the prior notice to clearly provide that only 
applicants who are seeking employment authorization pursuant to 8 CFR 
274.12(c)(10) based upon having filed an application for suspension of 
deportation pursuant to section 244 of the Immigration and Nationality 
Act (INA) or cancellation of removal pursuant to section 240A of the 
INA must submit their Form I-765 to the Chicago Lockbox Facility. 
Applicants who are seeking employment authorization pursuant to 8 CFR 
274.12(c)(10) based upon having field an application for NACARA 203 
relief must submit their Form I-765 to the Service Center having 
jurisdiction over their place of residence.

DATES: This correction is effective December 9, 2005.

FOR FURTHER INFORMATION CONTACT:  S. Rebecca Watson, Lockbox Project 
Manager, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 20 Massachusetts Avenue, NW., Room 1100, Washington, 
DC 20520, Telephone (202) 272-1001.

SUPPLEMENTARY INFORMATION:

Notice for Correction

    As published in the Federal Register on November 19, 2004 (69 FR 
67751), the notice contains one error that is in need of correction.

Correction of Publication

    Accordingly, the publication on November 19, 2004 969 FR 67751), of 
the notice that was the subject of FR Doc. 04-25679 is corrected as 
follows:
    1. On page 67752, in the middle column, in the third bullet, the 
reference to ``(c)(10)--Aliens granted Suspension of Deportation who 
are required to file with the USCIS Service Center having 
jurisdiction;'' is corrected to read: ``(c)(10)--Aliens who have filed 
an application for suspension of deportation or cancellation of 
removal, except those who have filed an application for NACARA 203 
relief;''

    Dated: December 6, 2005.
Richard A. Sloan,
Director, Regulatory Management Division, U.S. Citizenship and 
Immigration Services.
[FR Doc. 05-23842 Filed 12-8-05; 8:45 am]
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