July 23, 2007 by Bradley Maged.

The USCIS issued a Press Release stating that it will no longer accept prepaid mailers for most filings.

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July 23, 2007 by Bradley Maged.

Below is the the official USCIS Press Release with Frequently Asked Questions regarding EB Adjustment Applications related to the July Visa Bulletin mess:

“Office of Communications
July 23, 2007
Frequently Asked Questions1
Employment-Based Adjustment Applications Filed by Aliens Whose Priority
Dates are Current under Department of State July Visa Bulletin No. 107
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor
Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
Q2: Will USCIS reject an application for missing or incorrect filing fees?
A2: Yes, in accordance with standard procedure and applicable regulations, USCIS will reject any filings submitted with incorrect filing fees.
Q3: Will USCIS reject an application for a missing signature?
A3. Yes, in accordance with standard procedure and applicable regulations, USCIS will reject any filings that do not contain required signatures.
Q4: Will a concurrently filed I-140/I-485 be rejected if filed with an incorrect I-140 or I-1485 fee?
A4. USCIS will reject any filings submitted with the incorrect filing fees.
Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007.
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 – August 17, 2007.
Q8: What is the correct fee for concurrently filed I-140s filed between July 30 and August 17?
A8. The new fee applies to Forms I-140, whether or not concurrently filed with an employment-based adjustment application, that are filed on or after July 30, 2007. That fee is $475.
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for adjustment applications. USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July.
Q10: Will USCIS accept employment-based adjustment of status applications under July Visa Bulletin No. 107 if the priority date is August 1, 2007 or later?
A10. No.
Q11: Will USCIS accept adjustment applications under July Visa Bulletin No. 107 if the priority date is before July 31, 2007, but the certification is granted after August 1, 2007?
A11. Yes, USCIS will accept such cases provided they are submitted by August 17, 2007.
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
Q14: USCIS’ July 17, 2007 press release stated that USCIS would accept applications filed not later than August 17, 2007. Does this mean applications delivered on August 17, 2007 will be accepted but those arriving August 18, 2007 will be rejected?
A14. Yes
Q15: How long will aliens have to wait for their employment-based applications to be adjudicated?
A15. Applicants should monitor the State Department’s visa bulletin to determine whether a visa number is available based upon their individual priority dates. There are annual statutory limitations, thus some aliens may have to wait a significant period of time, perhaps years, before visa numbers become available. Applications for interim benefits (employment authorization and advance parole) will be processed prior to final adjudication of the adjustment application and in accordance with USCIS standard procedures.
Q16: When will premium processing of Forms I-140 be reinstated?
A16. Premium processing of Forms I-140 has been suspended until further notice. USCIS will publish any updates on the availability of premium processing for Forms I-140 on its website.
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 §104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 §104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
Q18: Will there be any delays in processing applications received as a result of the July 17
notice reopening the filing period for employment-based adjustment applications under the
July Visa Bulletin?
A18. Depending on the volume of applications received, there may be some delay in the issuance of receipt notices. Processing times will be updated on the USCIS web site.
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner’s name; Beneficiary’s name; Beneficiary’s date of birth; Beneficiary’s country of birth.”

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July 23, 2007 by Bradley Maged.

AILA has posed many questions to the USCIS regarding the Visa Bulletin scandal and is still awaiting answers.  Among the questions is whether the USCIS will accept concurrently filed I-140 / I-485s after August 1, 2007.  Another question relates to what the appropriate filing fee for an I-140 petition will be for EB applications that were current in July but filed after July 30 (per the resolution to the July Visa Bulletin mess and after CIS filing fees increase).  Yet another unanswered issue is how to file an I-485 application concurrently with an I-140 petition that has already been filed but for which a Receipt Notice has not yet been generated.  Great questions but no answers as of yet.

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July 23, 2007 by Bradley Maged.

Please see the USCIS Service Center Receipting Update to determine when the service centers expect to issue timely receipt notices for filed applications and petition.

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July 23, 2007 by Bradley Maged.

Although I try not to be too political on this site, immigration and politics are inextricably linked.  Being a Massachusetts resident, I have experienced first-hand the “governance” of Mitt Romney.

Romney spoke to the National Hispanic Assembly on Sunday.   According to a Washington Post article, Romney said:  “If you say, name people who are hardworking, seek education, love God, love their families and value freedom - it’s Hispanic-Americans, just like other Americans” and “I want to make sure we continue an open door in immigration that welcomes people who come here with those kinds of values.”
In contrast, as governor of Massachusetts, Romney’s goals were to:  (1) deny in-state tuition to undocumented students; (2) have state and local police enforce immigration laws; and (3) deny driver’s licenses to undocumented aliens.

John McCain may take a stand on immigration that is unpopular with his base, but at least we know where he stands.  Even President Bush has been consistent in his views on immigration.  We should not reward Romney’s flip-flopping on such an important issue.  Given the careful wording of his statements to the National Hispanic Assembly, Romney will undoubtedly distinguish his love for legal immigrants from his disdain for “illegal immigration.”

One thing is clear:  Romney’s “views” on immigration depend on the audience he’s addressing.

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July 23, 2007 by Bradley Maged.

Nothing on this site should be construed as legal advice. Please consult a qualified immigration lawyer to discuss the specifics of your unique case.

Now that many of the eligible Employment-Based applicants who were yoyo’d because of the July visa bulletin scandal have filed or will soon file their I-485 - Applications to Adjust Status, they want to know what will happen next.

For those who applied for an Employment Authorization Document (EAD) and/or a Travel Document (Advance Parole), these should arrive within 90 days of filing.  The USCIS will schedule a fingerprint and biometrics appointment for EAD applicants.  This will take place at a USCIS Support Center.

If interim benefits are taking too long, applicants can request an InfoPass appointment at their local district office online. In Boston, where I practice, the current procedure allows those who have been waiting more than seventy days to inquire (which usually results in expediting the application) by making an InfoPass appointment. However, these policies vary by district and are subject to change somewhat frequently. Usually immigration lawyers are aware of such changes and will advise clients of the current policy if they inquire.  In light of the volume of applications the USCIS will be receiving by mid-August, I suspect there will be delays.
Both the Employment Authorization Document (EAD) and Advance Parole are renewable annually (for a fee) until the I-485 application has been adjudicated. The EAD allows the holder to work for any employer and Advance Parole allows the applicant to travel internationally while his or her I-485 application is pending.

At this point it is impossible to accurately predict how long the process of obtaining permanent residence will take. Given the high volume of applications the USCIS is expected to receive by mid-August and the limited availability of visa numbers, it will likely take several years. Hopefully Congress will act to at least temporarily make additional numbers available.

Immigration law is fluid and everything is subject to change with little notice. I will do my best to update you with important developments as I learn of them.

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