Procedure if Filings Rejected Incorrectly
Posted Jun 11, 2004

The USCIS has issued a procedure to correct improper rejection of certain mail by their mailroom staff. There have been reports that some immigration filings were wrongly rejected due to confusion surrounding the April 30, 2004 increase in many filings fees. Regular MurthyDotCom and MurthyBulletin readers may recall our April 02, 2004 article, Final Rule Regarding Fee Increases Pending at OMB, reporting this considerable increase of filing fees for many USCIS forms. The old fees were applicable to all cases filed or postmarked before the effective date. Accordingly, a case that was mailed on April 29, 2004, but received on May 2, 2004 would require only the former fee amount. Not all mailrooms followed this procedure, however. In some instances, the USCIS rejected cases they received on or after April 30, 2004, regardless of postmark date.
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We note that in most situations when the filing fees increase, the new fees apply to cases received by the USCIS on or after a certain date. It is not ordinarily sufficient to simply mail the case before the change in fees. Rather, it usually must reach the USCIS before the fee increase in order to avoid the higher payment. This time the rule was much broader, allowing cases that were mailed, postmarked, or otherwise filed on or before April 30, 2004 to enjoy the lower fees. Service Center mailroom personnel may not have been trained on this issue, resulting in many improper rejections.
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One who believes his or her case was wrongly rejected due solely to the confusion regarding fees needs to re-file the case with a cover letter asking for reconsideration of the rejection. This letter should be accompanied by the rejection notice, the original fee payment, and proof that the case was mailed on or before April 29, 2004. If the USCIS is satisfied that the case was rejected erroneously, they will accept the case for processing and treat it as if filed on the original filing date.
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If one's case has been rejected, it is considered as if it was never filed. This can create status issues and other serious immigration problems. This clarification is particularly helpful for those who need the original filing date to maintain, extend, or change status.