CIS publishes most recent receipt dates

USCIS Application and Receipting Update

U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS is working hard to deal with the increased volume.

Date Received in Mailroom – USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
Weekly updates on Receipting – Until this situation is resolved, USCIS will provide these weekly updates on progress in issuing receipt notices to our customers. Additional information is available in Frequently Asked Questions, located under "Related Links" on this page.
Applications Received Prior to Posted Receipting Dates – If your application was received by USCIS before the posted dates below and you still have no receipt, please contact USCIS Customer Service toll-free at 1-800-375-5283.

We appreciate your understanding.

IMPORTANT:
Contact Customer Service toll-free at 1-800-375-5283 for:

Change of Address – If you have submitted your application and are changing your address, but have not yet received your receipt. (If you have a receipt, you can report your change of address from our website, using USCIS' Change of Address Online.)

Unusual Delay – If you have not received a receipt within the timeframe indicated below for the Service Center where you filed your application.

As of November 16, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:

California Service Center
Form Number Date Received

I-130 8/30/2007
N-400 9/03/2007
All Other Forms 10/28/2007

Nebraska Service Center
Form Number Date Received

I-131 11/04/2007
I-140 11/04/2007
I-485 Employment
Based 11/04/2007

I-485 Asylum 11/08/2007

I-485 Refugee 10/04/2007
I-765 11/04/2007
N-400 9/09/2007
All Other 11/12/2007

Texas Service Center
Form Number Date Received

I-131 Current
I-140 Current
I-485 Employment
Based 11/12/2007

I-765 Current

N-400 7/26/2007
All Other 11/12/2007

Vermont Service Center
Form Number Date Received

I-130 7/29/2007
N-400 7/30/2007
All Other Forms 11/12/2007

USCIS Lockbox
Form Number Date Received

TPS 10/22/2007

CIS publishes enployer handbook

USCIS has published employer handbook to help employers understand their obligations and provided guidance on how to fill out I-9 form. See read the handbook, please go to the following link:

http://www.ilw.com/immigdaily/news/2007,1127-Employer.pdf

Man naturalized after 7 year immigration court battle

Mr. Fu was put in deportation proceeding in 2000 at his N-400 interview after the INS found that he failed to disclose in his 1995 visa interview the fact that his father, petitioner for his immigration, had died in 1993. Under the law, if petitioner is deceased, the approved petition is automatically revoked by the operation of the law. INS alleged fraud in obtaining immigrant visa. Later INS changed the charge to entry without a valid visa under section 212(a)(7)(A)(i)(I) of the INA.

The case was tried before San Francisco immigration judge Robert Yeargin in 2005. Mr. Fu applied for a waiver under section 237(a)(1)(H) of the INA. The government argued that because Mr. Fu was not charged with fraud, he was not eligible for waiver under this section. Judge Yeargin agreed with the government and denied Mr. Fu's waiver application.

Upon appeal, the BIA found that section 237(a)(1)(H) of the INA "is best interpreted as authorizing a waiver of removability under section 237(a)(1)(A) based on charges of inadmissibility at the time of entry under section 212(a)(7)(A)(i)(I) of the Act, as well as under section 212(a)(6)(C)(i), where there was a misrepresentation made at the time of admission, whether innocent or not". 23 I&N Dec. 985(BIA 2006), Interim Decision 3539(published). Under this interpretation, Mr. Fu is found eligible for a waiver and the case was remanded for the judge to consider the waiver.

Upon remand, judge Yeargin granted relief and Mr. Fu received his green card back. We advised Mr. Fu to file N-400 in June, 2007. Mr. Fu just received his oath ceremony notice and he will take the oath on December 4, 2007.

BIA decision in this case was published and is a precedent binding on all similar cases in the United States.

To view the BIA decision, please go to the following link.
http://www.usdoj.gov/eoir/vll/intdec/vol23/3539.pdf

I-485s approved after mandamus action filed

We have three more I-485 applications approved after we filed mandamus actions.

In case number one, Mr. Z filed his employment based i485 in 2005. The application was delayed due to FBI name check. We filed mandamus action in July 20, 2007. We then filed motion for summery judgment in September and set the hearing for October 19, 2007. CIS first filed an ex parte motion to dismiss out motion. Judge vacated the 10/19 hearing date and granted our joint motion to submit the case without oral argument. CIS requested the FBI to expedite the name check and I-485 was approved on October 24, 2007.

The other two I-485 applications are family based and they have been pending for more than two years. Both cases were filed in June and after several motion filings, CIS requested the FBI to expedite the name checks. It took the FBI about 25 days and 8 days, respectively, to complete the name check and CIS immediately approved the application.

Mandamus action is the best approach if your case is delayed for whatever reasons.