RFE for I-944 - Application Postmarked before Feb 24

[shoji 32]

We just finished our interview, and the consul said we need to submit I-944. Our application was postmarked before Feb 24, the day when supposedly the rule is in effect.

 

As per USCIS website "Therefore, we will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. If you send your application or petition by commercial courier (for example, UPS, FedEx, or DHL), we will use the date on the courier receipt as the postmark date." 

 

I know I can just comply, but I think this is an error on the consul's part. We're just waiting for the notice, I'm planning to comply at the same time include the evidence that this shouldn't be applied to my application.

 

Any inputs will be very much appreciated.

 

[HRQX 4,145]

48 minutes ago, shoji said:

but I think this is an error on the consul's part.

It's a very clear error on their part. I would contact the Ombudsman online; select "I have received action or decision that involves clear errors of fact or misapplication of law by USCIS." For example, I contacted them about 3 weeks ago on Oct. 25 because USCIS made a clear error on a case I filed and USCIS reversed the initial denial on Nov. 3:

So less than 2 weeks.

 

If you have a receipt that shows postmark or shipping date, you can also upload it at the same time.

Edited November 18, 2020 by HRQX