AOS Returned - "Outdated" Form

[ecuatorianos2018 41]

I just got my wife's entire AOS packet returned from USCIS today over using the previous I-485 form. I know that the new forms and public charge rules went into effect on February 24th but that USCIS would still accept the previous rules if it was postmarked before the 24th. Our application was postmarked on the 21st. Should our application have been accepted? Am I understanding this right and if so, is there something I can do to appeal? Or should I just bite the bullet and resubmit using the new forms?

 

Thanks!

[K1visaHopeful 2,799]

4 minutes ago, ecuatorianos2018 said:

I just got my wife's entire AOS packet returned from USCIS today over using the previous I-485 form. I know that the new forms and public charge rules went into effect on February 24th but that USCIS would still accept the previous rules if it was postmarked before the 24th. Our application was postmarked on the 21st. Should our application have been accepted? Am I understanding this right and if so, is there something I can do to appeal? Or should I just bite the bullet and resubmit using the new forms?

 

Thanks!

What does the notice say as to why exactly they sent it back? Screenshot?

[ecuatorianos2018 41]

49 minutes ago, K1visaHopeful said:

What does the notice say as to why exactly they sent it back? Screenshot?

This is the NOA that we got today.

[K1visaHopeful 2,799]

Do you have the shipping receipt showing when it was postmarked?

I would call and argue your case. The PCR has strict guidelines that you had until Feb 23rd 11:59pm to use the old forms.

[ecuatorianos2018 41]

8 minutes ago, K1visaHopeful said:

Do you have the shipping receipt showing when it was postmarked?

I would call and argue your case. The PCR has strict guidelines that you had until Feb 23rd 11:59pm to use the old forms.

Yeah I have the receipt from UPS showing it was sent on Feb 21st. USCIS even sent back the envelope I sent the original packet in which clearly shows Feb 21st. I will call them first thing tomorrow. Thanks!

[K1visaHopeful 2,799]

2 hours ago, ecuatorianos2018 said:

Yeah I have the receipt from UPS showing it was sent on Feb 21st. USCIS even sent back the envelope I sent the original packet in which clearly shows Feb 21st. I will call them first thing tomorrow. Thanks!

Let us know what they say. Goodluck!

[cbro20 53]

My wife and I posted ours on the same date (Feb. 21). We haven’t heard anything, and our check hasn’t been cashed, so I’m worried that it will be returned for the same reason as yours.

 

As an attorney, I am preparing to file a lawsuit in federal court against USCIS, if, after I call and argue, they refuse to accept the forms. The published rule clearly states that forms postmarked before February 24th are acceptable.

 

Please provide updates on your situation.

[Scandi 4,154]

I had that happen with my i-765 form, it was sent back because of "outdated form". Turned out it wasn't outdated at all, but something had gone wrong when printing the form so a tiny part of the bottom was missing. The rejection letter is very generic, I'm just saying that there could possibly have been something else wrong with the form you sent and not that it was outdated. 

[Vianca 5]

They are referring to the actual forms. A lot of people are getting this mixed up with post dates and forgetting to had read the fine fine print before the public charge Went into place. It also stares the forms have to have a certain date on it. This dates reflect on the bottom of the print out. I have seen a lot of these , that everyone rushed to get in before the 24th with 2020 forms in turn is basically crossing out the post dated mark statement. 
 

one of my Clients I submitted the package on the 22nd and we now yesterday have heard back from USCIS with fees completed and issued already case numbers. 
 

Double double check your papers and dates of the forms, if correct most definitely fight it. If not most likely you’ll have to resubmit with the new publix charge ruling. 

[MarryMe987654 244]

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

[cbro20 53]

12 minutes ago, MarryMe987654 said:

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

When filing in February, USCIS published the following language: 

 

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].

 

 

The plain and unambiguous language of this rule indicates that if form 07/15/19 was postmarked before February 24th, it will be accepted. Form dated 10/15/19 is only necessary now, if postmarked on or after February 24th.

 

If OP sent a postmarked version of 07/15/19 before the 24th, it should have been accepted. 

 

Edited March 13, 2020 by cbro20

[fullerene 4]

hi! 

 

I would like to inquire about the definition of postmarked date (commercial carrier), does it mean the when the package was shipped or when it was in possession of the said courier?

 

 

 

 

[cbro20 53]

20 minutes ago, fullerene said:

hi! 

 

I would like to inquire about the definition of postmarked date (commercial carrier), does it mean the when the package was shipped or when it was in possession of the said courier?

 

 

 

 

 

it’s the date reflected on the courier receipt.

 

However, “Postmarked” does not apply to commercial carriers as a legal term. The term “postmarked” applies to USPS, which is an “official carrier.” Fed Ex, UPS, etc—those are independent carriers and are governed by different rules. 
 

I believe that USCIS considers the date the package is received, not the date that the package is shipped, for effective date purposes, when the filing is sent via commercial carrier. That’s my theory as to why some of these filings are being returned as outdated, even though it appears they were “postmarked” before the deadline hit on the 24th.

 

Shipped it out on USPS on the 22nd, but it doesn’t arrive until the 26th? You’re probably fine, it was officially POSTMARKED on the 22nd (before the deadline).

 

Shipped it out with Fed Ex on the 22nd, and it arrives ON the 24th? Too late, rule went into effect already. 
 

I could be wrong, and who the hell knows how USCIS implements the term “postmarked” in practicality.

 

 

Edited March 13, 2020 by cbro20

[geowrian 22,337]

7 minutes ago, cbro20 said:

 

it’s the date reflected on the courier receipt.

 

However, “Postmarked” does not apply to commercial carriers as a legal term. The term “postmarked” applies to USPS, which is an “official carrier.” Fed Ex, UPS, etc—those are independent carriers and are governed by different rules. 
 

I believe that USCIS considers the date the package is received, not the date that the package is shipped, for effective date purposes, when the filing is sent via commercial carrier. That’s my theory as to why some of these filings are being returned as outdated, even though it appears they were “postmarked” before the deadline hit on the 24th.

 

Shipped it out on USPS on the 22nd, but it doesn’t arrive until the 26th? You’re probably fine, it was officially POSTMARKED on the 22nd (before the deadline).

 

Shipped it out with Fed Ex on the 22nd, and it arrives ON the 24th? Too late, rule went into effect already. 
 

I could be wrong, and who the hell knows how USCIS implements the term “postmarked” in practicality.

Generally, the date received is what matters in terms of qualification for the benefit. This was outlined in the AFM at https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html. It appears that they have since (within the past couple weeks?) incorporated it into the USCIS Policy Manual here: https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6

Quote

C. Date of Receipt

USCIS considers a benefit request “received” on the date it is physically or electronically received. This date is also known as the filing date. Requestors may only obtain a date of receipt or filing date if their submission is accepted at the proper location, as designated on the USCIS website. USCIS does not assign a date of receipt or filing date to benefit requests that are rejected.^[21]

The date of receipt may impact eligibility for immigration benefits. For example, USCIS uses the date of receipt to determine whether an appeal, Application for Temporary Protected Status (From I-821), or Petition for a Nonimmigrant Worker (Form I-129) should be rejected for failure to timely file or because an annual numerical limit has been reached.

The date of receipt may also be significant for purposes of seeking lawful permanent residence; the filing date is referred to as the priority date for an approved immigrant visa petition in certain preference categories.^[22] For approved petitions in preference categories that are not current, the priority date dictates how soon the beneficiary may file for permanent residence. Similarly, the filing date establishes the statutory period for various benefits, including naturalization.

 

However, USCIS put out special guidance regarding this particular change: https://www.uscis.gov/news/all-news/dhs-implements-inadmissibility-public-charge-grounds-final-rule

Quote

If USCIS receives an application or petition for immigration benefits using prior editions of the forms postmarked on or after Feb. 24, 2020, then USCIS will inform the applicant or petitioner of the need to submit a new application or petition using the correct forms. For applications and petitions that are sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt.

So the date actually shipped, as reflected on the receipt, is what applies here for UPS.

[cbro20 53]

1 minute ago, geowrian said:

Generally, the date received is what matters in terms of qualification for the benefit. This was outlined in the AFM at https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html. It appears that they have since (within the past couple weeks?) incorporated it into the USCIS Policy Manual here: https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6

 

However, USCIS put out special guidance regarding this particular change: https://www.uscis.gov/news/all-news/dhs-implements-inadmissibility-public-charge-grounds-final-rule

So the date actually shipped, as reflected on the receipt, is what applies here for UPS.

All of that makes sense, but how does USCIS, in all its competence, know which day a package would have been sent by a commercial carrier, if the receipt isn’t included by the applicant or carrier?

 

For example, UPS delivers a petition on the 24th. Ok, how does USCIS know that the date on the courier receipt is the 22nd? Isn’t the courier receipt simply what’s given to you when you drop off a parcel at Fed Ex or UPS?

 

Maybe I sound dumb, but I haven’t used an express courier in ages.