Direct Filings at USCIS Effective July 30, 2007
Posted Jul 13, 2007
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The U.S. Citizenship and Immigration Services (USCIS) announced in late June 2007 that it is changing the required place of filing for certain immigration forms. These changes are effective as of July 30, 2007. This is a continuation of what is known as "direct filing." It is due to the transition into the bi-specialization initiative, reported on previously to MurthyDotCom and MurthyBulletin readers. Since the rules for determining the place of filing can get confusing, we note that the USCIS WebSite  always carries instructions, under the forms and fees section. The new procedures apply to a number of commonly-used forms, set out in detail below.
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Which Forms?
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The USCIS June 21, 2007 Notice for this most recent change is available at their website, as well. The current filing instructions have been issued for Forms I-129F (Petition for Alien Fiancé/e), I-131 (Application for Travel Document), I-140 (Immigrant Petition for Alien Worker), I-360 (Petition for Amerasian, Widow/er, or Special Immigrant), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-907 (Request for Premium Processing Service).
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MurthyDotCom and MurthyBulletin readers learned of the new direct filing instructions for Form I-129 and I-539 in our March 16, 2007 article, USCIS Update on Filing Procedures for Forms I-129 and I-539.
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As before, the change in filing procedures is intended to streamline the process and avoid the transfer of applications and petitions from one USCIS service center to another. This transfer of applications was occurring under the initial bi-specialization program, as particular case types were all to be filed at one service center and then either adjudicated at that center or forwarded to a sister center.
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Direct Filings to Begin July 30, 2007
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The effective date of the direct filing instructions for all forms is July 30, 2007. This coincides with the filing fee increase for all immigration applications and petitions. During the first 30 days of direct filing (July 30 to August 28), the USCIS will not reject any form incorrectly filed at the prior filing location. To avoid rejection of an application, however, an applicant must include the correct, new fee amount with the filing. Beginning August 29, 2007, the USCIS will reject any of the forms that are filed at an improper location. The USCIS has indicated that it will release new forms, with updated filing instructions, in the near future. All new direct-filing instructions are listed in the USCIS Notice, referenced above.
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Conclusion
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While the USCIS's efforts to use technology and direct-filing procedures to process various applications and petitions is laudable, there is also a concern that the substantial increase in government filing fees reveals bureaucratic inefficiencies. These doubts as to the USCIS's need are fueled by the recent events and change in policy, with their refusal to accept I-485s during July 2007. It demonstrated that USCIS has the ability to process large numbers of cases, and apparently can do so, when motivated by a desire to collect higher fees. With the change in procedures and increase in fees at the end of July, it is hoped that the USCIS - which has had its credibility called into question during July 2007 - will live up to its promises and provide improved service for the increased rates that are being paid by foreign nationals and their employers.