From: Office of Financial Management

This memorandum modifies the procedures for accepting checks presented in my memorandum of March 28, 1997, and provides detail on their implementation. Please note that these procedures apply only to the acceptance of personal or business checks. Procedures for accepting money orders, certified checks, or cash are not affected.

Notice of these new procedures should be posted prominently in any INS office which receives application fees. Attachment 1 provides a sample notice. Offices are requested to post this notice in English, Spanish, and any other language(s) appropriate to their locations.

For accepting business or personal checks in INS Offices:

1. One form of legal, Government-issued picture identification is required. Legal identification is either a driver’s license, passport, Alien Registration Receipt Card (ARC), or INS Employment Authorization Card.

2. A social security number is required for any alien or legal permanent resident that has been issued one. Under provisions of Section 415 of IIRAIRA, the Attorney General is authorized to require any alien to provide the alien’s social security account number for purposes of inclusion in any record of the alien maintained by the Attorney General or the Service. We cannot require a U.S. citizen to provide their social security number, but a second form of identification may be required in lieu of their social security number if it seems prudent to do so.

3. The legal identification number (driver’s license number, ARC number, etc.) and the social security (or alternate identification) number are to be recorded on the face of the check. The alien registration number, if applicable, and the receipt number must also be written on the face of the check. These numbers are the only mechanism we have for tracing a written check to the applicant.

4. The picture identification must match the person presenting the check. If a business check is used, the person presenting the check is required to show evidence of employment with the firm. EXCEPTION: Checks received from attorneys on behalf of applicants will be accepted without picture identification, provided that the check(s) are written on behalf of the firm and the check is preprinted with the firm’s name and address. Attorneys should be notified that INS will vigorously pursue collection, through the appropriate State Bar, of any non-payment.

5. If any of the above criteria cannot be met, the applicant must pay with money order, certified bank check, or cash when submitting an INS application.

1. Personal or business checks will not be accepted from drop boxes for local processing. Any applicant wishing to pay with a personal or business check must follow the procedures outlined above. A notice to this effect shall be posted on the drop box. Attachment 2 provides a sample notice.

2. Applications received in drop boxes that contain payment by money order or certified check will be processed under current procedures.

3. Any drop box applications that contain personal or business checks shall be returned to the applicant with written instructions to either present the application and check in person with a picture identification, present the application and cash in person, or resubmit the application in the drop box with a money order or certified check. A sample letter is provided in Attachment 3.

For applications received through the mail in District Offices or Service Centers:

For applications received through the mail and not presented by an individual, INS District offices and service centers may accept personal checks without identification. However, all service centers and District offices must have in place a set of written procedures that deal with the steps to be followed once they have been notified that a check is non- negotiable. These procedures must include an effective process for halting the processing of any application for which a non-negotiable check has been presented. A copy of these procedures must be forwarded to the Office of Financial Management by May 2, 1997. Any future modifications to the procedures must be made in writing and copied to the Office of Financial Management.

In 1996, INS lost over $1.5 million in fees paid with non-negotiable checks. In some instances, one check writer has written numerous bad checks with apparent intent to defraud the Service. These new procedures will help to reduce the incidence of bad checks and ensure that aliens do not receive services they have not paid for. If you have any questions, please contact Frederic I. Marks of my staff on (202) 616-7683.

Joseph D. O’Leska, Jr
Assistant Commissioner

March 28, 1997 Memorandum

Subject:

Date:

To:

The Service is receiving an increasing number of checks which are uncollectible. The most recent loss to INS resulted from stolen checks being accepted as payment for fees. As a result, effective immediately, it is mandatory that the following policies and procedures be implemented for accepting business or personal checks:

1. Two forms of legal identification are required and one must be a picture identification. Legal identification is either a driver’s license, passport, Permanent Resident Alien Card, or INS Employment Authorization Card.

2. A social security number is also required. Under provisions of section 415 of IIRAIRA, the Attorney General is authorized to require any alien to provide the alien’s social security account number for purposes of inclusion in any record of the alien maintained by the Attorney General or the Service.

3. The two legal identification numbers and the social security number are to be recorded on the face of the check. The Alien- number and the receipt number must also be written on the face of the check. These numbers are the only mechanism for tracing a returned check to the applicant.

4. Picture identification must match the person presenting the check. If a business check is used, the person presenting the check is required to show identification of employment with the firm.

5. If any of the above criteria cannot be met, the applicant is required to pay with cash, money order, or certified bank check.

Please ensure that your staff completely understand the importance of these new procedures. Thousands of dollars are lost each year due to lax check acceptance procedures, but most important, aliens are fraudulently receiving services free of charge. If you have any questions, please contact Frederic I. Marks of my staff on (202) 616-7683.

Joseph D. O’Leska, Jr.
Assistant Commissioner

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