I-485 Fee Readjusted after Aug 17, 2007
Posted Aug 24, 2007
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A Final Rule, effective August 18, 2007, was issued by the U.S. Citizenship and Immigration Services (USCIS) on the matter of filing fees for Form I-485, Application to Register Permanent Residence or Adjust Status and derivative benefits associated with I-485 filings. These include Form I-765, Application for Employment Authorization (EAD), and Form I-131, Application for Travel Document (AP). This final rule removes the temporary reprieve from the fee increase, originally scheduled to go into effect July 30, 2007. All I-485 filings made on or after August 18, 2007 must include the filing fees as described in our May 29, 2007 NewsFlash, USCIS Filing Fees Skyrocket from July 30, 2007, available on MurthyDotCom.
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Temporary Relief Period Ends
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The USCIS had granted the temporary reprieve from the increased fee for individuals filing I-485s and applications for derivative benefits though August 17, 2007, based on the July 2007 Visa Bulletin. This was part of the reinstatement of the July 2007 Visa Bulletin and the permission to file under that Visa Bulletin through August 17, 2007. Since the August 17th deadline has passed, however, subsequent filings must observe the increased fee structure. For I-485s, this means a fee of $1010 for most applicants. (MurthyDotCom and MurthyBulletin readers are reminded that this new fee includes filing fees for incidental benefits like the EAD and AP.) The USCIS policy requires those who filed with the earlier, lower fees to pay annual extensions of the EAD and AP at the new, higher fee levels, in effect as of July 30, 2007. Cases filed without the proper filing fee will be rejected. It is therefore important to always check a listing of current, applicable filing fees for every application or petition to avoid rejection for including improper or incorrect filing fees. USCIS forms and fees are available through MurthyDotCom.