CIS Ombudsman on USCIS Receipting Delays
Posted Oct 26, 2007
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Mr. Prakash I. Khatri, CIS Ombudsman, held a teleconference on October 12, 2007 on the topic of USCIS Receipting Delays: How Does This Affect You? This is one in a series of teleconferences the Office of the CIS Ombudsman has been conducting, available to the general public. Because of the importance of the topic, and the ongoing concerns of our clients and the wider immigration community, the Murthy Law Firm participated in this call. Information on earlier teleconferences is available on MurthyDotCom.
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USCIS Statistics on Cases Filed
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Deborah Rogers, Chief of the Information and Customer Service Division, USCIS, provided some information about the USCIS's progress in issuing receipt notices. She stated that 1.2 million applications were filed this summer of 2007. The filings include 500,000 citizenship filings in July and August, as well as 300,000 Adjustment-of-Status (I-485) applications. Normal levels for citizenship case filings are 70,000 in a month and the USCIS usually receives approximately 15,000 Adjustment-of-Status cases in a month. This influx of filings has created a frontlog in issuing receipts, as many MurthyDotCom and MurthyBulletin readers are aware from personal experience.
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Timeframe for All Receipts is Oct 2007
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The USCIS stated that all family-based adjustment cases have been receipted, with all employment-based adjustment cases targeted to be receipted by the end of October 2007. The USCIS also stated that receipts for Employment Authorization Documents (EADs) and Advance Paroles (APs) should all be issued by the end of October 2007. Notwithstanding the receipting delays, the USCIS indicated it will honor the date the application / petition was received, not the notice date indicating the date it was receipted by the USCIS. It is the goal of the USCIS to issue EADs and APs within 90 days of filing.
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USCIS Will Try to Follow FIFO
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The USCIS confirmed that they follow First-In / First-Out (FIFO) order in issuing receipts, but that some cases always require more time to receipt. If a mailroom contractor spots an issue, the file goes to a special unit for review, which can take additional time. If a receipt notice is supposed to have been issued, per the USCIS-posted receipt dates, an individual can call USCIS customer service, who will forward the matter to the service center. Contrary to this information, the USCIS recently acknowledged that receipts were not being issued completely in FIFO order, and that there were cases from early July that had not been receipted. This was reported October 19, 2007 in our MurthyBulletin article, Updates on July and August 2007 AOS / I-485 Filings, available on MurthyDotCom.
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Complaints on USCIS Receipt Delays to Ombudsman
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The CIS Ombudsman accepted questions by eMail from the public prior to the teleconference, and then discussed the key questions after the USCIS completed their comments. The questions reflected that many individuals are having a different experience in receipting delays from the description articulated by the USCIS. Several indicated that they had cases filed in early July 2007, for which they had not yet received receipt notices. The CIS Ombudsman indicated that, if a systemic issue is identified, his office can be eMailed the details, identifying scanned proof of delivery and applicant name. He said that, while a 1-2 week receipting delay from that posted by the USCIS may be normal, 3-4 weeks beyond the date provided by the USCIS could be reason for concern. If one wants his/her individual case researched, however, it would be appropriate to utilize the complaint system.
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EADs to be Issued within 90 Days
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The CIS Ombudsman was asked what an individual should do if his/her EAD or EAD receipt had not been issued and it had been more than 90 days. The reply was that the USCIS intends to have issued EADs by the end of this month or 90 days from date of filing. If not, individuals were directed to call USCIS customer service. It was noted that there have been improper rejections of EAD/AP applications in the mailroom, although they were filed with proof of previously filed I-485s. Mr. Khatri responded that his office will ask the USCIS for comment and will post those remarks on the office's website.
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I-485 Receipt Notice for AP Entry Not Addressed
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It was also asked whether an individual, who has not yet received his/her AP or an I-485 receipt notice, can travel on H1B. The Murthy Law Firm inquired specifically whether there was any official policy clarification regarding instances where individuals travel on H1B without an I-485 receipt notice because of receipting delays. We sought clarification on policy regarding whether they would have problems at the port of entry or if this could result in an abandonment of the I-485. The CIS Ombudsman did not really answer this question. He simply stated that the USCIS is trying to get the APs out to the applicants.
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Receipt Date Controls - Not the Notice Date
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The CIS Ombudsman confirmed that the date a filing is received by the USCIS controls rather than the notice date, which is the date a case is receipted. This is true even if a case is transferred to a different service center to be receipted. Some noted that the wrong date has been reflected on receipt notices and the CIS Ombudsman asked the listening USCIS officials to address the matter with the plan to post the USCIS's remarks on the Ombudsman WebSite. It was also confirmed that cases will be adjudicated according to the date a case is physically received by the USCIS, not the notice date.
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Errors on Receipt Notices Acknowledged
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The CIS Ombudsman addressed questions concerning errors on receipt notices, such as multiple A numbers, typographical errors in the names of applicants, and the notation "unknown" on I-140 receipts referencing the preference category. The only response was that it is believed that the USCIS is making great improvements, but it was recognized that errors do occur. The CIS Ombudsman asked the USCIS officials participating in the teleconference to provide more details on these issues and their solutions. This response also will be posted on the CIS Ombudsman WebSite.
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Delayed Deposits Causes Check Expirations and Bounced Checks
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The CIS Ombudsman received questions regarding checks that are bouncing or expiring because of the lengthy time between issuance and USCIS action to cash these checks. Teleconference participants were told that, if a check bounces, the USCIS is providing the applicant with 14 days to make good on the amount, charging only a nominal fee. If the check is expired, the USCIS will attempt to deposit, but if the bank refuses the check or fails to make the deposit attempt an opportunity will be provided for the applicant to issue a new check for the fee amounts that were in place at the time of filing.
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Questions and answers from this teleconference have been posted on the CIS Ombudsman  website. More recently, on October 24, 2007, the USCIS issued a USCIS Application and Receipting Update, providing that it is currently receipting cases received on August 16, 2007.
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Conclusion
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We at the Murthy Law Firm would like to thank the CIS Ombudsman for holding these regular teleconferences so that the concerns of the immigration community can be addressed. We also thank the USCIS, who indicated that they will be issuing new FAQs every Friday, derived from feedback provided by USCIS customer service agents. We echo the CIS Ombudsman in asking that the USCIS make the FAQs more specific to the issues being faced because of receipting delays. Some of these matters have been answered separately by the USCIS and were covered in the October 19, 2007 MurthyBulletin article referenced above.