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Eric The Wait

New I-751 Not picked up during Shutdown

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Filed: K-1 Visa Country: Japan
Timeline

My wife's 2 year Green Card Expires 2/16/19. I am gathering evidence and won't be able to file the I-751 until first week in January, 2019. Unfortunately, even though the USCIS is open, the mailing facilities for USCIS are operated by private contractor and it appears USCIS won't accept new applications during the government shut-down because the mailing services will be halted.

Therefore, if the government shutdown lasts longer than 2/16/19, I am worried that USCIS will not have received our I-751 until after the deadline of 2/16/19, and my wife will be deported forthwith for late filing. Not a good feeling.

Here is a quote I read from "Sound Immigration" an online service, which raises my concern:

"USCIS is funded by the (large) application filing fees that it charges. For that reason it should continue to operate as normal even in the event of a shut down. An exception is the E-Verify program, which is used by some employers to screen employment authorization. It is also likely there will be a delay in USCIS accepting new applications. That is because the mail acceptance facility (called the Lock Box) is actually run by independent private contractors. Government contractors will be halted by the government shutdown. "

 

I would welcome any comments on this issue.

i-751 Sent 1/7/19
i-751 Received 1/9/19
Check Cashed 1/14/19
(G-1145 Email Receipt of case #: Never Received)
1/15/19: Called USCIS and given EAC Case Number

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Filed: K-1 Visa Country: Japan
Timeline

Great tip Kris and Me. Thanks very much!!!

i-751 Sent 1/7/19
i-751 Received 1/9/19
Check Cashed 1/14/19
(G-1145 Email Receipt of case #: Never Received)
1/15/19: Called USCIS and given EAC Case Number

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Filed: Citizen (pnd) Country: Canada
Timeline

In any case, if they are not picking up ROC applications from the lockbox during the shutdown, you can't possibly have the delay held against you. 

I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

Oct 21, 2016: NOA2 Notice by App (LIN)

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Jan 23, 2017: Interview...Approved!

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox 

March 3, 2020: Approved by CSC

 

N-400

Feb 2, 2020: File N-400 online

Feb 25, 2020: Biometrics

 

 

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8 hours ago, AstroCanada said:

In any case, if they are not picking up ROC applications from the lockbox during the shutdown, you can't possibly have the delay held against you. 

Well considering you have 90 days before the expiration, they could.  It's been good to go since 11/21/18.  

In the OP's defense, I didn't send mine right away either and it's hard to know if there's going to be a govt shut down or not.  But if it lasts until Feb, we all have more issues than if they will consider this a late filing. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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  • 2 weeks later...
Filed: K-1 Visa Country: Japan
Timeline

Thanks so much NikLR and AstroCanada for your thoughts. 

The problem is proving receipt if it goes to the Lockbox, which is why Kris & Me's suggestion is so good. I checked that address on the form and for Post Office it is a P.O. Box Lockbox, but for United Parcel Service (UPS) the address looks like this: 
USCIS
Attn: I-751
2501 S State Hwy 121 Business
Suite 400
Lewisville, TX 75067


So, that looks like an actual place and UPS does have tracking. My plan is take photos of everything as I put it into the shipping box. Then I will take photographs of the box as addressed. Then I will take a photograph of me handing it off at the UPS Service Center with the date shown. Then I will follow the tracking. I will mail it by mid-January, at least one month before deadline.

This way, should the Government declare it's late and begin deportation proceedings, I will at least have something to argue at the deportation trial: !. We made a good faith attempt to deliver on time. 2. We deny it was late. 3. In the event the Deportation Judge does not think we met our burden of proof to show it wasn't late, then we will argue extraordinary circumstances (government shutdown) impaired the government from receiving it. 

I've got to take steps because my understanding is the Removal of Conditions MUST be received by deadline or it's automatic deportation and there is no way to stop the deportation for lateness. 
 

i-751 Sent 1/7/19
i-751 Received 1/9/19
Check Cashed 1/14/19
(G-1145 Email Receipt of case #: Never Received)
1/15/19: Called USCIS and given EAC Case Number

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I was not aware until now the government shutdown may affect the delivery of I-751 packages. I am in the same situation as the OP. My wife and step son's green cards expire on the 13th of next month. Now I am a little worried. So is it a good idea to use UPS or FedEx instead of USPS? This is what I get for waiting until the last minute I guess. I would hope if you made a good faith effort to send in everything on time and the shutdown delays the delivery the government would cut you some slack but this is the government we are talking about here.

morfunphil1_zpsoja67jml.jpg

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