AOS Rejected, help please....

[fullerene 4]

Hi everyone,

 

I would appreciate any feedback/advice about this. 

 

I receive a rejection notice today for my AOS, outdated form was filed.

 

 

I dropped off my documents at Fedex Sunday February 23. I know I should have mailed it earlier but we did not get some of the documents needed until Saturday.

 

Anyway, I included the courier receipt with the documents (with the postmark date highlighted in yellow, looks faded by now) The documents weren't shipped until the 24th.

 

 

I have my own copy of the receipt (blue highlight) and a screenshot of the package travel history in the Fedex website.

 

 

 

 

 

 

So I was wondering if I should call and appeal for the form I submitted.

 

 

[Kaemouzy 16]

The date you mailed it doesn't matter, it's the date that uscis received it that counts. Since they received it on February 25th, you have to get the new form and also submit the i944

[MarryMe987654 241]

Check your I-485 form and see if this is the same info that you have on top right corner of the page:

 

Check the bottom left corner if this is what you see:

 

 

If not, you probably filled out an outdated form and need to download the new one from the USCIS website and resubmit.

You can find the new form here: https://www.uscis.gov/i-485

[jameyj 73]

Respond by resubmitting the i-485 by using the current version of the form, along with a copy of your notice. That's all you should have to do. 

 

[Commish10 427]

Check the bottom of the I-485 for the expiration date of the form. Just refile using the newest version of the form from the USCIS website.

[Pinkrlion 2,607]

26 minutes ago, fullerene said:

Hi everyone,

 

I would appreciate any feedback/advice about this. 

 

I receive a rejection notice today for my AOS, outdated form was filed.

 

 

I dropped off my documents at Fedex Sunday February 23. I know I should have mailed it earlier but we did not get some of the documents needed until Saturday.

 

Anyway, I included the courier receipt with the documents (with the postmark date highlighted in yellow, looks faded by now) The documents weren't shipped until the 24th.

 

 

I have my own copy of the receipt (blue highlight) and a screenshot of the package travel history in the Fedex website.

 

 

 

 

 

 

So I was wondering if I should call and appeal for the form I submitted.

 

 

Your courier receipt shows a scheduled delivery date of 2/25/2020.  Therefore any paperwork that you used to submit your petition for AOS was going to be out of date, as it was going to be delivered after the new changes.

 

Complete the new forms and resubmit. 

 

[fullerene 4]

23 minutes ago, Kaemouzy said:

The date you mailed it doesn't matter, it's the date that uscis received it that counts. Since they received it on February 25th, you have to get the new form and also submit the i944

 

I see. So I should have used the newer form despite the notice on the USCIS website?

 

Thanks for the feedback. I guess I didn't understand what postmarked meant.

 

NOTE: Form I-485 is now used to collect information previously collected on Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Adjustment applicants no longer need to file Form I-864W. 

---

ALERT:  On Feb. 21, 2020, the Supreme Court stayed the statewide injunction issued by the U.S. District Court for the Northern District of Illinois affecting Illinois filers. USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois, on Feb. 24, 2020. USCIS will apply the final rule to all applications for adjustment of status, and applications and petitions for extension of nonimmigrant stay or change of nonimmigrant status postmarked (or, if applicable, submitted electronically) on or after that date. For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will reject any affected application or petition that does not adhere to the final rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. 24, 2020.

The final rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility and certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020.

Edited March 13, 2020 by fullerene

[fullerene 4]

Thanks for the feedback everyone.

 

I thought the postmarked date meant the date it was received by the courier/postal office and not the delivery date.

[carmel34 3,529]

51 minutes ago, fullerene said:

Thanks for the feedback everyone.

 

I thought the postmarked date meant the date it was received by the courier/postal office and not the delivery date.

As others have said, your problem is not the postmarked or sent or received date, it is the form you used, it was an old form, not the current 10/15/19 version of the I-485 form.

[K1visaHopeful 2,661]

8 hours ago, Kaemouzy said:

The date you mailed it doesn't matter, it's the date that uscis received it that counts. Since they received it on February 25th, you have to get the new form and also submit the i944

That is false. It's the postmarked date that counts.

https://www.uscis.gov/greencard/public-charge

 

[Sami58 17]

20 hours ago, fullerene said:

Hi everyone,

 

I would appreciate any feedback/advice about this. 

 

I receive a rejection notice today for my AOS, outdated form was filed.

 

 

I dropped off my documents at Fedex Sunday February 23. I know I should have mailed it earlier but we did not get some of the documents needed until Saturday.

 

Anyway, I included the courier receipt with the documents (with the postmark date highlighted in yellow, looks faded by now) The documents weren't shipped until the 24th.

 

 

I have my own copy of the receipt (blue highlight) and a screenshot of the package travel history in the Fedex website.

 

 

 

 

 

 

So I was wondering if I should call and appeal for the form I submitted.

 

 

Do not appeal any form. Just fill out the new form and resubmit. It’s quite interesting that fedex charges over $60 for something that usps charges about $20. Actually I paid $7.50 with usps and it got there in two business days! Anyways.... when I filed my petition one of my forms was rejected and they sent it back. So I just got the updated forms, filled them out and resend them. Then they were issued receipt number. It’s not a big deal. You’ll get a receipt faster and biometrics done before anybody looks at your appeal. So please refile and don’t waste your time fighting them. 

[cbro20 53]

The amount of incorrect information in this thread is astonishing. If you didn’t file for AOS in February, then you are not aware of the special language that was published on the USCIS website:

 

What to Know About Sending Us Your Form

The current edition of the Form I-485, dated 07/15/19 and 12/23/17:

• We will accept the 07/15/19 and 12/23/17 edition of this form if it is postmarked before Feb. 24, 2020
• We will not accept the 07/15/19 and 12/23/17 edition if it is postmarked on or after Feb. 24, 2020, except those submitted by aliens/petitions with a physical address in Illinois [see information for Illinois]
• DHS remains enjoined by a federal court from implementing the Inadmissibility on Public Charge Grounds Final Rule in Illinois. DHS has asked for a stay of this injunction from the U.S. Court of Appeals for the Seventh Circuit, given the Supreme Court Decision to stay the last nationwide injunctions. For additional information, see our webpage on the status of the public charge rule in Illinois.

The updated edition of the form

On or after Feb. 24, 2020, we will accept only the edition date: 10/15/19 of the Form I-485, except those submitted by petitioners/aliens with a physical address in Illinois [see information for Illinois].
 

I am not sure why people keep saying that the “delivery date” is what matters, not the “postmarked date.” The delivery date is usually what matters when USCIS receives an application, but this situation is different  according to the plain language of the published rule. Thus, under this rule as written, 07/15/19 will be accepted if postmarked before Feb. 24th.

 

However, the issue with commercial carriers is that they are not considered “postmarked” for USCIS purposes. The receipt date is what applies for commercial carriers, and USCIS has no way of verifying a receipt date, unless it’s included by the applicant. The shipping label (what appears on the package) is a different story. That’s why you should use USPS, which is an “official carrier”, when you want something postmarked, and a commercial carrier if you’re looking for speed.

Edited March 14, 2020 by cbro20

[fullerene 4]

Thank you for clarifying what it means. 

 

I'll start slogging through I-944 and submit the new forms. 

[Manuel94 72]

14 hours ago, cbro20 said:

The amount of incorrect information in this thread is astonishing. If you didn’t file for AOS in February, then you are not aware of the special language that was published on the USCIS website:

 

What to Know About Sending Us Your Form

The current edition of the Form I-485, dated 07/15/19 and 12/23/17:

• We will accept the 07/15/19 and 12/23/17 edition of this form if it is postmarked before Feb. 24, 2020
• We will not accept the 07/15/19 and 12/23/17 edition if it is postmarked on or after Feb. 24, 2020, except those submitted by aliens/petitions with a physical address in Illinois [see information for Illinois]
• DHS remains enjoined by a federal court from implementing the Inadmissibility on Public Charge Grounds Final Rule in Illinois. DHS has asked for a stay of this injunction from the U.S. Court of Appeals for the Seventh Circuit, given the Supreme Court Decision to stay the last nationwide injunctions. For additional information, see our webpage on the status of the public charge rule in Illinois.

The updated edition of the form

On or after Feb. 24, 2020, we will accept only the edition date: 10/15/19 of the Form I-485, except those submitted by petitioners/aliens with a physical address in Illinois [see information for Illinois].
 

I am not sure why people keep saying that the “delivery date” is what matters, not the “postmarked date.” The delivery date is usually what matters when USCIS receives an application, but this situation is different  according to the plain language of the published rule. Thus, under this rule as written, 07/15/19 will be accepted if postmarked before Feb. 24th.

 

However, the issue with commercial carriers is that they are not considered “postmarked” for USCIS purposes. The receipt date is what applies for commercial carriers, and USCIS has no way of verifying a receipt date, unless it’s included by the applicant. The shipping label (what appears on the package) is a different story. That’s why you should use USPS, which is an “official carrier”, when you want something postmarked, and a commercial carrier if you’re looking for speed.

So if I sent my packet thru USPS on 02/22/2020, which is the date is was postmarked as well, will my 07/15/2019 version of i-485 be rejected as well?

You mentioned that "We will accept the 07/15/19 and 12/23/17 edition of this form if it is postmarked before Feb. 24, 2020".

 

[cbro20 53]

3 hours ago, Manuel94 said:

So if I sent my packet thru USPS on 02/22/2020, which is the date is was postmarked as well, will my 07/15/2019 version of i-485 be rejected as well?

You mentioned that "We will accept the 07/15/19 and 12/23/17 edition of this form if it is postmarked before Feb. 24, 2020".

 

Your packet should be accepted, and that it was sent through USPS betters your chances.