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DELAYS IN RECEIPT NOTIFICATIONS AND PROBLEMS RELATED TO INTAKES

This notice comes directly from the AILA, American Immigration Lawyers Association.

Currently, the following forms are dealing with many delays in issuing receipt notices for Form I-485, Application for Registration of Permanent Residence or Adjustment of Status; Form I-140, Immigrant Petition for Foreign Workers; and Form I-765, Application for Employment, Authorization (EAD) filed with the USCIS safe facilities.  If you filed a simultaneous or stand-alone Adjustment of Status (AOS) Form I-485 in September, October, or November 2020, you may be experiencing serious delays in receiving a receipt notice.

Although there are some applicants who have received their receipts, you will still likely have to wait at least two or three months to get receipts. The American Immigration Lawyers Association (AILA) will continue to monitor this situation.

There are many factors to this backlog, including, but not limited to:

  • Increase in the number of applications submitted in September due to the planned fee increases.
  • Unexpected increase in applications due to the movement of the visa bulletin in fall 2020; and
  • COVID-19-related employee reduction in the USCIS safe.

AM I IN STATUS?

It depends on the type of status you had at the time of filing and the type of case under which you filed your OS. Most receipts that were issued after months of delay still reflect the original filing date and demonstrate that the application was filed in a timely manner.

WHAT HAPPENS IF MY APPLICATION IS REJECTED?

AILA has received widespread reports of rejections from the USCIS safe. In some cases, rejections were submitted up to three months or more after the original filing date. USCIS has cited many reasons for rejections, such as failure to check a check box, include all pages of a form, sign a form, or include a valid filing fee. In many cases, the application, in fact, included the requested information that USCIS erroneously claimed was missing. Depending on the reason for the rejection, you may be able to resubmit the request. Contact your attorney to discuss whether you should resubmit your case and other options that may be available to you.

WHAT ABOUT MY WORK AUTHORIZATION AND EARLY PAROLE?

Those who have applied for an AOS along with an employment authorization document or EAD (Form I-765) and an advance parole document (Form I-131) have experienced significant delays not only in receiving evidence, but also in the time it has taken for their applications to be processed. Whereas previously, average processing times ranged from ninety days to six months, these cases can now experience delays of up to eight or nine months.

For EAD anticipated delays in probation, it may not be helpful to follow up with USCIS after 90 days. If it’s been eight to nine weeks, you may want to contact your attorney.

If six months have passed, it may be helpful to contact USCIS through Emma, USCIS’ online virtual assistance; by phone; or by filing an electronic application. If those actions don’t produce results and the delays are atrocious, you may want to contact your local congressional representative or senator.

THINGS YOU CAN DO:

  • Request online submission to receive confirmation that your form has been received.
  • Check the status of your online application at uscis.gov or create a USCIS online account;
  • Complete Form G-1145, Electronic Notice of Acceptance of Request/Request, to receive a text message or email when your form is accepted
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