Questions and Answers Received from CIS Ombudsman's Teleconference: "USCIS Receipting Delay II- How Does This Affect You?" on November 2, 2007

The following are questions discussed during this teleconference and the answers provided by USCIS.

1. Priority of Applications:  The caller asked why I-485 applications are given priority over N-400s, which is the path to U.S. citizenship.

• USCIS Response on April 30, 2008: Because of the time-sensitivity associated with the processing of I-485 supplemental benefits, the I-485 applications were given priority over N-400 applications. Since this question was posed, USCIS has become current with the receipting of N-400 applications.

2. Fees: The participant asked if it is better to combine the fees into one check or to make separate payments for each application.   

• USCIS Response on April 30, 2008: USCIS will accept both forms of payment: a single check for all applications or separate checks for each application.

3. Returned July 2 – August 17 Applications Due to Applicant Error:  One caller noted that he applied on July 2, but his application had an error.  Due to the USCIS receipting delay and lack of a timely receipt, he was unable to correct the error in time to qualify for the lower fee and/or the August 17 deadline to file employment based I-485s.  How does USCIS plan to help applicants who applied during the frontlog period but whose applications are rejected due to applicant error, for example, the applicant forgot to sign the form or check? 

• USCIS Response on April 30, 2008: Unless USCIS rejected the application in error, the applicant will be required to pay the new fee. If a visa is not available upon re-filing, the application will be rejected.

4. Lawyers Not Receiving Receipt Notice: One participant stated that she filed numerous cases at the Texas Service Center which were transferred to the Vermont Service Center and then back to Texas Service Center. Only her clients received the receipt notice but the attorney of record did not.  Can you please explain why this may be happening and how an applicant or attorney of record can fix this problem?

• USCIS Response on April 30, 2008: USCIS suggests that the caller verify that the G-28 is being completed properly with the correct contact information. If a notice of representation is submitted but not properly signed, the application or petition will be processed as if the notice had not been submitted. See Title 8 C.F.R § 103.2.
  
  For specific case inquiries, please contact the National Customer Service Center at 1-800-375-5283.