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Please be aware of delays in the issuance of receipt notices for Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-140, Immigrant Petition for Alien Workers; and Form I-765, Application for Employment Authorization (EAD), filed with USCIS lockbox facilities. If you filed an adjustment of status (AOS) (Form I-485) in September, October, or November 2020, you may experience severe delays in receiving a receipt notice.

While some people have received their receipts, it is not unusual to have to wait at least two or three months to get receipts. As a member of the American Immigration Lawyers Association, I am monitoring this situation.

How will this affect my status?

This depends on what type of status you had at the time of filing and the type of case under which you filed your AOS. Most receipts that were issued after months of delay still reflect the original filing date which demonstrates the application was filed on time.

What if my application is rejected?

There have been widespread reports of rejections from the USCIS lockbox. In some cases, the rejections were sent three months or more after the original filing date. USCIS has cited many reasons for rejections, such as failing to check a checkbox, include all pages of a form, sign a form, or include a valid filing fee. In many cases, the application did, actually, include the requested information that USCIS erroneously claimed was missing. Depending on the reason your application was rejected, you may be able to resubmit your application. Please contact Aguinaga Law Group to discuss whether you should resubmit your application and other options that may be available.

What About My Work Authorization and Advance Parole?

If you have applied for an adjustment of status along with a work permit (Employment Authorization Document, Form I-765) and an advance parole document (Form I-131), you may experience significant delays not only in receiving proof, but also in having your application processed. In the past, processing times averaged from 90 days to six months. Now, these applications can experience delays as long as eight or nine months.

For work permits and advance parole delays, it may not be helpful to follow up with USCIS after 90 days. If eight or nine weeks have passed, reach out to your attorney or, if you do not have an attorney, contact Aguinaga Law Group.

If six months have passed, try contacting USCIS through their online virtual assistance, Emma; by telephone; or by filing an e-request. If this doesn't help, and the delays are egregious, try contacting your local congressional representative or senator.

What Can I Do?

• Request filing online to receive confirmation that your form has been received;
• Check the status of your application online or create a USCIS online acccount;
• Complete Form G-1145, e-Notification of Application/Petition Acceptance, to receive a text message or email when your form is accepted.

If you have any questions, please get in touch.

In the Department of Homeland Security's (DHS) announcement canceling these financial penalties, Secretary of Homeland Security Alejandro N. Mayorkas said:

“There is no indication that these penalties promoted compliance with noncitizens’ departure obligations. We can enforce our immigration laws without resorting to ineffective and unnecessary punitive measures.”

DHS also announced Immigration and Customs Enforcement (ICE) will work with the Department of Treasury to cancel the existing debts of those who had been fined.

DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy that provides a quasi-legal status and employment authorization to certain individuals unlawfully present in the United States after being brought to the country as children. You may qualify for DACA if you:

• Were under the age of 31 as of June 15, 2012,
• Came to the U.S. under the age of 16,
• Have continuously resided in the U.S. from June 15, 2007 to the present,
• Entered the U.S. without inspection before June 15, 2012, or had lawful immigration status expire as of June 15, 2012,
  Were physically present in the U.S. on June 15, 2012, and at the time of applying for deferred action with USCIS,
• Are currently enrolled in school, or have graduated from high school, obtained a GED, or have been honorably discharged from the armed forces or the Coast Guard, and
  Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors, and do not pose a threat to national security or public safety.

If you meet these requirements, you are eligible for DACA. Applicants are eligible for a two-year period and can then renew in two-year increments. To qualify for renewal of DACA, you must:

• Not have departed the U.S. on or after August 15, 2012, without advance parole,
• Have continuously resided in the United States since submitting most recent approved request for renewal of DACA up to the present time, and
• Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

On December 4, 2020, a federal judge ordered DHS to restore DACA to its original state as implemented via President Obama's Executive Order. If you meet the eligibility requirement above, you may submit an initial or renewal DACA application. President Biden has instructed the Homeland Security Secretary to take action to protect and fortify the DACA program.

If you have any questions, please contact us.

U.S. Customs and Border Protection has instructed airlines they should not determine admissibility of a traveler outside the parameters of these document requirements:

Unexpired Valid Permanent Resident Card: Passengers with valid, unexpired Permanent Resident Card (PRC or “Green Card”) may board without any additional documentation.

Re-Entry Permit (valid and unexpired):

• Passengers with valid, unexpired re-entry permit are permitted to board without additional documentation.
• The document must be the original Re-Entry permit. Copies are not accepted.

Expired Permanent Resident Cards: LPR’s with expired I-551 may be boarded without penalty, provided the card was issued with a 10-yearexpiration date.

Expired Permanent Resident Cards Containing Extension Sticker (Form I-797):

• Starting in January 2021, the sticker that is currently issued to Legal Permanent Residents to extend the validity of their Permanent Resident Card (PRC) (placed on the back of the card) has been discontinued.
• The revised I-797 receipt notice, together with an applicant’s PRC, will serve as temporary evidence of lawful permanent resident status for 12 months from the expiration date on the front of the Green Card.
• PRCs that contain the extension sticker will remain valid until the expiration date.
• The document must be the original I-797 permit. Copies are not accepted.

Expired Conditional Resident:

• A Conditional Resident with an expired PRC (with a two-year expiration date) may be boarded if also in possession of a Notice of Action (Form I-797).
• The Notice of Action extends the validity of the card for a specified length of time, generally 18 months.
• Travelers may not board without Form I-797.

Valid and Unexpired SB-1 Visas: travelers in possession of a valid, unexpired SB-1 visa in their passport may be boarded without additional documentation.

If you have a question about re-entering the United States, please contact Aguinaga Law Group.