1. On August 25, 2008, USCIS issued an update to revise the filing instructions for Form I-751. This update explains where to file the application based on the residential jurisdiction of the petitioner. Some I-751 filers are currently residing abroad. In which Service Center should those petitioners file the I-751? The instructions to the form address this situation only for those petitioners who are abroad due to military deployment or US government employment.

Answer: The I-751 should be filed with the Service Center having jurisdiction over the petitioner¡¯s last place of residence in the U.S.

2. In a prior SCOPS call, we asked: If an I-751 applicant is currently abroad, what is the process to take the biometrics? Is the applicant required to return to the US?

Prior answer: The Service Center Standard Operating Procedure instructs officers to place all 1-751 cases with foreign addresses on an "overseas hold". Adjudicators will not continue processing of the case until the conditional permanent resident (CPR), his or her spouse, and dependent children, return to the United States for interview. However, reasonable efforts shall be made to obtain relevant documentation and information in order to adjudicate the 1-751 petitions where a CPR is overseas on military or government orders. If satisfied that the marriage was not for the purpose of evading the immigration laws, the Service Center Director may waive the interview and approve the petition. If the petitioner and spouse failed to provide a valid APO/FPO or United States address, or where the petition is not clearly approvable without an interview, an "overseas hold" will be placed on the petition. If the 1-751 is approved, the new permanent resident card can be issued, using the photos submitted with the

Form 1-751 and other biometrics, such as signature and index print, from the old 1-89 in the file.

If necessary, photos can be requested from the petitioner through the issuance of a request for evidence (RFE). The new card may be mailed to the petitioner's valid APO/FPO address on record, but not to the address of the actual overseas residence. The processing for non-government CPRs overseas will continue to be placed on "overseas hold" until the CPR, his or her spouse and dependents return to the U.S. after a temporary absence of less than one-year. The non- government CPRs should complete biometrics at an ASC at that time.

Once the CPR returns to the US, how does the CPR notify USCIS to get the case back on track and to get scheduled for biometrics?

Answer: The CPR should write to the Service Center where the application was filed. The letter should state that they have returned to the U.S. and request that the process be resumed.