USCIS Issues FAQ #2 for July Filings
Posted Jul 27, 2007
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The USCIS has issued a second set of FAQs, generated by the July 2007 Visa Bulletin and issued surrounding I-485 filings under that Bulletin. We at the Murthy Law Firm had submitted many of these questions through AILA for a USCIS response. For a detailed review of the questions posed and the USCIS response, please go to http://www.uscis.gov/files/pressrelease/FAQ2.pdf. These FAQs clarify important issues, highlighted below, regarding date of the receipt of the I-485 for receipt notice issuance, evidence required to file EADs and APs, etc.
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EAD/AP
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Many cases were filed in July 2007 without requesting the optional, ancillary benefits of the Employment Authorization Document (EAD) or Advance Parole (AP). Normally, it is necessary to have a receipt notice, or at least a canceled check, in order to file for EAD/AP, once the I-485 has been filed. The USCIS has advised that they will accept "proof of delivery" of the I-485 application. Thus, it appears that a Federal Express or other delivery service tracking number will be sufficient.
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It would seem that for the USCIS to match cases without receipt numbers for EAD/AP will be a difficult task that may result in delayed issuance of receipt notices or approvals of the EADs and APs.
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Date of Receipt
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The USCIS is considering the physical delivery date as the receipt date and will generate receipt notices reflecting this date. This is in answer to questions regarding the date when cases will be considered as received. It is important for proper filing that the applicant be in the United States on the date of filing the I-485 and on the date of its receipt at the USCIS.
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Medical Exams
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In addition to permitting I-485s to be filed without medical exams, the USCIS will also accept medical exams completed abroad by DOS authorized doctors.
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Other Issues
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The FAQs also address other issues of filing dates and priority dates. They note that all forms must be properly filed. Therefore it is recommended to take a minute to double check that every signature is in place and that all other details are carefully reviewed to avoid a delay or a rejection of the filing at the USCIS mailroom before the file is sent to the examiner.