ISD Update : I-765s and I-131s
Posted Feb 21, 2003

At MurthyDotCom and the MurthyBulletin, we periodically update our readers on INS policy and procedures as clarified by the INS Immigration Services Division (ISD) in liaison meetings with the American Immigration Lawyers Association. In mid-February 2003, information was released on two issues clarified by the ISD during a January 23, 2003 teleconference.

I-765 Filing Allowed from Outside the U.S.

The ISD clarified that it is possible to file for an Employment Authorization Document (EAD) extension if a person is outside the U.S. and intends to return to the U.S. on an advance parole. They stated that nothing on the form or in the regulations requires that the individual be in the U.S. at the time of filing. However, it is necessary for the individual to have a U.S. address to which s/he intends to return.

Note that this is different from the Advance Parole for which one must be physically present in the U.S. to be eligible.

Form I-131 : Acceptable Versions

The Form I-131 (Application for Travel Document) on the INS website is the December 10, 1991 version. There is a revised version, dated January 18, 2002, with a "Y" after the date. The ISD clarified that both versions are acceptable. They are in the process of revising the form before distributing it for public use.