Attorney filed I751 2 days early - postmark was for Monday but it arrived Friday!

[Trying21 12]

Our attorney posted our I751 ROC docs on Thursday and had delivery instructions for fedex to deliver at 4pm on Monday 10.5. Our 90 day window started on Sunday 10.4. I am very frustrated with them and quite anxious. We head home to Australia in 3 weeks until December 30 (GC expires on Jan 2). Can we just reprint, re-sign and resubmit the entire package today?

 

[ch3john 308]

yes, just send everything back 

[Just Paul 4,591]

Fedex isn't a postmark.   Only USPS is a postmark. Attorneys know better.

 

Just resend it.

[Bob in Boston 617]

1 hour ago, Paul & Mary said:

Attorneys know better.

or they should

[Trying21 12]

We're going to resubmit today and just attach a new check. Is it ok that they'll have 2 in their possession?

 

[mushroomspore 3,043]

1 hour ago, mb112 said:

We're going to resubmit today and just attach a new check. Is it ok that they'll have 2 in their possession?

 

They'll reject the other one for being too early but that will take a couple weeks. Best to just send the proper packet now and get it processing.

[jakelake 222]

What is the purpose of paying an attorney?

[Trying21 12]

1 hour ago, jakelake said:

What is the purpose of paying an attorney?

I don't know if this is rhetorical haha, but we went through our GC/AOS app during the current administration's initial USCIS overhaul so we were definitely glad to have him during that. But for right now, I'm annoyed enough to say I'm unsure of the point in having them for I751.

[ch3john 308]

20 minutes ago, mb112 said:

I don't know if this is rhetorical haha, but we went through our GC/AOS app during the current administration's initial USCIS overhaul so we were definitely glad to have him during that. But for right now, I'm annoyed enough to say I'm unsure of the point in having them for I751.

Sounds like he's a good salesman too. 

[Just Paul 4,591]

2 hours ago, mb112 said:

I don't know if this is rhetorical haha, but we went through our GC/AOS app during the current administration's initial USCIS overhaul so we were definitely glad to have him during that. But for right now, I'm annoyed enough to say I'm unsure of the point in having them for I751.

Australia isn't a big concern for immigration especially since low fraud and it is part of 5 eyes.   Plus ROC initial and total refusal rates are extremely low.  I can understand using an attorney for AOS since you AOS'd from something other than a spousal visa.  That is where people can run into issues.

 

If and when it comes time to do citizenship, consider doing it yourself and lean on the community if needed.  It is pretty easy too!

Edited October 5, 2020 by Paul & Mary

[Trying21 12]

1 minute ago, Paul & Mary said:

Australia isn't a big concern for immigration especially since low fraud and it is part of 5 eyes.   Plus ROC initial and total refusal rates are extremely low.  I can understand using an attorney for AOS since you AOS'd from something other than a spousal visa.  That is where people can run into issues.

 

If and when it comes time to do citizenship, consider doing it yourself and lean on the community if needed.  It is pretty easy too!

Yes, we got an RFE and I was adjusting from an F1, and had held a J1 previously (no 2 year home residency requirement), and husband and I have been together throughout those. He is a dual Aus/USA citizen and we felt since we needed to prove no intent to immigrate on the original visas (we didn't intend to settle here, we had planned on Australia - and plan on living 6 months in each country once I get dual citizenship), that it was worth having our lawyer. If it's reasonably straight forward I'd say you can skip it. I have anxiety too so having a professional tell me what to do calmed my nerves, ha!

 

[Just Paul 4,591]

1 minute ago, mb112 said:

I have anxiety too so having a professional tell me what to do calmed my nerves, ha!

My semi non-profession opinion is at the time look at the N-400 and ask questions.   The only real challenges arise when the immigrant has a lot of speeding tickets

[HRQX 4,145]

9 hours ago, mb112 said:

to deliver at 4pm on Monday 10.5. Our 90 day window started on Sunday 10.4.

So USCIS received it today (Oct. 5) or on Friday (Oct. 2)? 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

[Timona 3,931]

10 hours ago, HRQX said:

So USCIS received it today (Oct. 5) or on Friday (Oct. 2)? 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

 

From title,  it was received October 2nd instead of October 5th. ROC window opened October 4th

[Trying21 12]

14 hours ago, HRQX said:

So USCIS received it today (Oct. 5) or on Friday (Oct. 2)? 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

It was received on Friday Oct. 2.