Jump to content
Eric The Wait

New I-751 Not picked up during Shutdown

8 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

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

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

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

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

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

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

Share this post


Link to post
Share on other sites
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

 

Share this post


Link to post
Share on other sites

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. 
 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×