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U.S. Department of Justice Immigration and Naturalization Service HQISD 70/23 425 I Street NW Washington, DC 20536 September 21, 2001 MEMORANDUM FOR REGIONAL DIRECTORS DISTRICT DIRECTORS OFFICERS-IN-CHARGE SERVICE CENTER DIRECTORS FORMS CENTER DIRECTORS TELEPHONE CENTER DIRECTORS NATIONAL CUSTOMER SERVICE CENTER DIRECTOR FROM: William R. Yates/s/Joseph D. Cuddihy Deputy Executive Associate Commissioner Immigration Services Division Field Service Operations SUBJECT: Discontinue Use of Internal Revenue Service (IRS) Form 9003, Additional Questions to Be Completed by All Applicants for Permanent Residence in the United States, With Adjustment of Status Applications. Effective immediately (as of the date to this memorandum), adjustment of status applicants are not required to submit the IRS tax information-related Form 9003 when filing for permanent residence with the Immigration and Naturalization Service (INS). INS has determined to discontinue distribution, use and collection of Form 9003 with the adjustment application packet (Form I-485) because of the following reasons: ! The INS-IRS reimbursable agreement related to the INS collection and transferring of the Form 9003 to IRS ended in December 1997, and the following year INS stopped providing the IRS with electronic tapes of tax-related data from the applicants’ Form 9003; ! The IRS no longer uses the hard copy of the Form 9003 to collect tax-related information on applicants for permanent residence. Tax enforcement in this area is now accomplished through other means. Discontinue Use of Internal Revenue Service (IRS) Form 9003, Additional Questions to Be Completed by All Applicants for Permanent Residence in the United States, With Adjustment of Status Applications. Page 2 The IRS used the information collected on the Form 9003 from adjustment applicants for administrative purposes. The form asked the applicants for specific information, such as their taxpayer identification or social security numbers, if they were self-employed, and if they had filed an income tax return in any of the last three years. As a result of a memorandum of agreement signed by both agencies in 1988, the INS since that time had sent the IRS the completed Form 9003 and basic biographical data on applicants for permanent residence. Information that the applicant placed on the IRS form did not affect the INS adjudication of their adjustment application. With the discontinuance of the Form 9003, INS service centers and field offices that adjudicate adjustment of status applications do not need to send the completed forms to the IRS. Applicants’ forms prepared for transfer to the IRS should be shredded or destroyed, and these forms may be removed from applicants’ current files and disposed of in a similar manner. Field offices and forms centers that distribute forms to the public should immediately remove the Form 9003 from circulation and recycle the forms according to standard procedures. INS has informed the IRS of the discontinuance of the use of Form 9003 and sent an advance copy of this memorandum to the appropriate officials of that agency. To inform our external customers about the discontinuance of Form 9003, copies of this memorandum will be distributed to the national office of the American Immigration Lawyers Association (AILA), Interpreter Releases and national and local community-based organizations. The memorandum will also be placed on the INS Internet web site.