about evidences after the filing date

[farhome]

In some of previous threads (
http://boards.immigrationportal.com/showthread.php?t=142018&highlight=filing+date), people here talked about the evidences after the filing date.

For example:
tsc103103 said "Usually CIS claims that they will look at evidence for any of the clauses which you claim, as of the date on which you applied"

GoFast said "What happened after the filing date would take no use for an adjustification by USCIS."

I recently read the AAO decisions from USCIS website and did found the decision statement (in a Jan2003 case decision) like "The petitioner has not provided any first hand empirical evidence that this article or her work had already attracted significant attention from the scientific community at the time of filling the petition. Eligibility must be established as of the filing date of the visa petition. Matter of Katigback, 14 I&N Dec. 45 (Reg. Comm. 1971)"

If it is true that "Eligibility must be established as of the filing date of the visa petition", then we must be very careful to chose our best filing date such that we have collected the most persuasive evidence. I also guess this is a concern of a lot of NIW petioners.

Any guru's comments on this? Many thanks.

 

[honkman]

In some of previous threads (
http://boards.immigrationportal.com/showthread.php?t=142018&highlight=filing+date), people here talked about the evidences after the filing date.

For example:
tsc103103 said "Usually CIS claims that they will look at evidence for any of the clauses which you claim, as of the date on which you applied"

GoFast said "What happened after the filing date would take no use for an adjustification by USCIS."

I recently read the AAO decisions from USCIS website and did found the decision statement (in a Jan2003 case decision) like "The petitioner has not provided any first hand empirical evidence that this article or her work had already attracted significant attention from the scientific community at the time of filling the petition. Eligibility must be established as of the filing date of the visa petition. Matter of Katigback, 14 I&N Dec. 45 (Reg. Comm. 1971)"

If it is true that "Eligibility must be established as of the filing date of the visa petition", then we must be very careful to chose our best filing date such that we have collected the most persuasive evidence. I also guess this is a concern of a lot of NIW petioners.

Any guru's comments on this? Many thanks.

You will find a lot of cases on the USCIS page:

http://uscis.gov/graphics/lawsregs/admindec3/

for EA, OR and NIW cases where people tried to submit evidences (for examples papers or citations of own papers) which were relevant onlt after the filing date. I think it is obvious that USCIS don't consider such evidences even if they support the case in a strong way. Therefore it is better to file your case a little bit later but have all evidences in place then try to get the earliest filing date.

 

[farhome]

honkman, thanks.

I have alread read the many AAO decisions from the website you mentioned and the statement "Eligibility must be established as of the filing date of the visa petition" is indeed from one of the case decision.

By your post, do you mean that, CIS will not take the evidences after the filing date as "official evidences", but on the other hand, these evidences are still useful such that the CIS may approve a case based on these "unofficial evidences"?

You will find a lot of cases on the USCIS page:

http://uscis.gov/graphics/lawsregs/admindec3/

for EA, OR and NIW cases where people tried to submit evidences (for examples papers or citations of own papers) which were relevant onlt after the filing date. I think it is obvious that USCIS don't consider such evidences even if they support the case in a strong way. Therefore it is better to file your case a little bit later but have all evidences in place then try to get the earliest filing date.

 

[honkman]

honkman, thanks.

I have alread read the many AAO decisions from the website you mentioned and the statement "Eligibility must be established as of the filing date of the visa petition" is indeed from one of the case decision.

By your post, do you mean that, CIS will not take the evidences after the filing date as "official evidences", but on the other hand, these evidences are still useful such that the CIS may approve a case based on these "unofficial evidences"?

No,

I think that the USCIS won't use any evidence which is established after the filing date as a valid evidence. Any of those "late" evidences won't help your case neither in a "official" or an "unofficial" way. Just my opinion.

 

[farhome]

thanks

honkman and unitednations,

Thanks for sharing your opnions.

BTW, unitednations, does CPA mean "Certified Public Accountant"?

 

[trojanblue]

In some of previous threads (
http://boards.immigrationportal.com/showthread.php?t=142018&highlight=filing+date), people here talked about the evidences after the filing date.

For example:
tsc103103 said "Usually CIS claims that they will look at evidence for any of the clauses which you claim, as of the date on which you applied"

GoFast said "What happened after the filing date would take no use for an adjustification by USCIS."

I recently read the AAO decisions from USCIS website and did found the decision statement (in a Jan2003 case decision) like "The petitioner has not provided any first hand empirical evidence that this article or her work had already attracted significant attention from the scientific community at the time of filling the petition. Eligibility must be established as of the filing date of the visa petition. Matter of Katigback, 14 I&N Dec. 45 (Reg. Comm. 1971)"

If it is true that "Eligibility must be established as of the filing date of the visa petition", then we must be very careful to chose our best filing date such that we have collected the most persuasive evidence. I also guess this is a concern of a lot of NIW petioners.

Any guru's comments on this? Many thanks.

The matter of Katigback has one subtelity associated with it and that is, you cannot use any evidence after the filing date to make up for a deficint petition. This means, if you dont qualify for one of the guidelines in the petition (say an advanced degree), you cannot later claim that now you an advanced degree and so you qualify. That is what it means when CIS says eligibility must be established at the time of filing date -- which means that you must have an advanced degree when you filed the petition. Evidence after filing date can be considered useful if you prove to the CIS that you are using this evidence to show that you are still equally productive as before.