Anybody received their Fedex back from USCIS
- Thread starter ksapana
- Start date
DesiVidesi
Registered Users (C)
June Bulletin's cut off dates no longer stand valid after the revised July bulletin which has made all employment categories unavailable.
So even those who were current due to the June Bulletin but did not file their I-485's in June cannot file them now.
In short, USCIS will reject any I-485 application - possibly without even bothering to open it, until a bulletin comes (mostly October bulletin) that specifies a new cut-off (possibly retrogressed) date.
As for medicals, they will be valid for a year. People will receive their I-485 application packets as-is.
Hello DesiVidesi,
Thanks for the clarification. Based on the discussions on this forum as well as on other forums, my understanding is that if the PD is with in the May Bullettin's cut-off-dates, USCIS will not reject the application rather receives the application, and keeps it with them until visa numbers are available. This can be confirmed in a couple of weeks.
Besides, since the July Bullettin fiasco has been taken to the attention of top level administrative staff of governemnt, my 1% of hope is that by July 15, a revised bullettin might be published with new retrogression dates.
Regards,
IK
Thanks for the clarification. Based on the discussions on this forum as well as on other forums, my understanding is that if the PD is with in the May Bullettin's cut-off-dates, USCIS will not reject the application rather receives the application, and keeps it with them until visa numbers are available. This can be confirmed in a couple of weeks.
Besides, since the July Bullettin fiasco has been taken to the attention of top level administrative staff of governemnt, my 1% of hope is that by July 15, a revised bullettin might be published with new retrogression dates.
Regards,
IK
DesiVidesi
Registered Users (C)
I wish you were correct but USCIS does not accept I-485's on retroactive bulletin's. The status of every bulletin holds true only for the period of the month for which the bulletin states. USCIS does not hold any application until visa numbers are available. If your PD date is current your application is accepted else its rejected.
I don't think the August Bulletin will publish the new retrogressed dates. It'll be the October bulletin which will be released in September mid-month. And I won't be surprised if the retrogressed dates mostly match the June bulletin dates. Also after the current fiasco, USCIS will never make the mistake of making all categories current for sure.
I feel aspirants current under June PD applied in June (post marked) and packet reached in July (probably 2'nd) still have a case here, since it is out even before the changes came in. Ambiguous statements from USCIS don't give any clarity on these. I am one of those and got to feel positive about this
A quick point: The USCIS must open every package and analyze each application.It is impossible that they can reject a case without opening the package as they would have no idea what would be inside a closed package. For example, there could be package that could have both I-140 and I-485 applications with two separate cheques for each case. Here, they must accept I-140 application, but reject the I-485 application. So, USCIS is in the process of opening hundreds and thousands of packages, and it might take atleast a couple of weeks to open all the documents that they have received since Jul.02
Regards,
IK
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Contact your Senator regarding unprecedented move by the Department of State
Hello, If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustated, troubled and sad!.
BTW --> Thanks to user Vall for this nicely formatted letter.
Dear Senator Kay Bailey Hutchison:
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
Hello, If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustated, troubled and sad!.
BTW --> Thanks to user Vall for this nicely formatted letter.
Dear Senator Kay Bailey Hutchison:
This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.
On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.
The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.
However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.
By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.
Pursuant to Department Of State regulations 8 CFR 245.1(g), f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.
8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)
Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.
The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.
I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.
Sincerely,
DesiVidesi
Registered Users (C)
A quick point: The USCIS must open every package and analyze each application.It is impossible that they can reject a case without opening the package as they would have no idea what would be inside a closed package. For example, there could be package that could have both I-140 and I-485 applications with two separate cheques for each case. Here, they must accept I-140 application, but reject the I-485 application. So, USCIS is in the process of opening hundreds and thousands of packages, and it might take atleast a couple of weeks to open all the documents that they have received since Jul.02
Regards,
IK
You are correct about this. They'll certainly need to open all packages, reject the I-485's and accept the I-140's.
I feel aspirants current under June PD applied in June (post marked) and packet reached in July (probably 2'nd) still have a case here, since it is out even before the changes came in. Ambiguous statements from USCIS don't give any clarity on these. I am one of those and got to feel positive about this
USCIS decides acceptance of packages based on the date of receipt of the package and not the date of postage. However it's good to see a positive attitude and that's what we all need in these dark hours of crisis.
"Positive attitude" is really very good point. Besides the civil surgeons, the courier comapanies have also made tons of money, although we can't blame them. One of my friends sent the package to USCIS at latenight Sunday, and FedEx charged him 300$ to deliver the package by July 2nd at 7.30 am. He was so frustrated when he heard the July Bullettin the next day morning. This is just one single story, and I am sure there would be thousands of similar incidents.
Regards,
IK
Hello,
One of my friends' attorney received the I-485 application returned by USCIS. Have any of you or your attorney received the application rejected by USCIS due to July Bullettin Update?
Regards,
IK
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Can you give some more details? When is the I-485 delivered to USCIS?
1. Did he get back the package without courier able to deliver?
2. USCIS mailed it back?
It looks more like case# 1. Because USCIS is not going to mail it back to lawyer by priority overnight.
I am talking about the I-485 applications received by USCIS on or after 2nd July,2007.
Yeah I understand. USCIS uses regular USPS mail. July 4th is holiday for USCIS as well as USPS. Your friend must have received it on July 3rd which looks very unlikely since USCIS uses only regular USPS mail. The only way, it could have happened is, fedex/ups/usps returned the package to his lawyer as undeliverable.
Sounds reasonable. When I asked my attorney, he mentioned that it might take a couple of weeks to months. If I don't get the I-485 package by mid. September, I would end up retaking the medical test.
I don't know what kinds of hassles I have to go through due to USCIS's incompetence and foolishness.Regards,
IK
Sounds reasonable. When I asked my attorney, he mentioned that it might take a couple of weeks to months. If I don't get the I-485 package by mid. September, I would end up retaking the medical test.
Regards,
IK
Inskrish,
I guess you can go back to the same doc. and request for a reprint, given very recent history.
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