rejection letter

[CB82 0]

If your petition was postmarked before July 30 you should not have to pay the new rate.

Send it back

From the American Immigration Lawyers Association:

AILA InfoNet Doc. No. 07082862 (posted Aug. 28, 2007)

If you receive a rejected petition or application on the basis of improper fees, please do the following:

1. Verify RECEIPT and POSTMARK date:

As a reminder, I-485s filed by "Aliens Whose Priority Dates Were Current Under the July Visa Bulletin" and their associated I-765s and I-131s were subject to the OLD fees until August 17. They must have been received by USCIS by August 17, 2007. Note that the NEW fees apply to I-140 petitions, even if filed concurrently with an I-485/I-765/I-131 packet. I-140 petitions concurrently filed with above I-485s were subject to the NEW fees effective July 30th.

All other applications or petitions are subject to the NEW FEES effective July 30th. These applications must be postmarked or entered into a courier service tracking system prior to July 30th for the old fees to apply.

2. If it appears to be an improvident rejection, resubmit the original application/petition to the Service Center with a brightly colored cover sheet along with proof of timely delivery/postmark stating:

ATTN: CRU SUPERVISOR - CASE IMPROPERLY REJECTED FOR FEES

Enclose a cover letter detailing what fees were enclosed and what date the case was postmarked and/or received.

I'm just curious though, if this says entered into a courier service tracking system prior to July 30th for the old fees to apply, wouldn't the fact that lynamon's was entered into the system on 07/28/07 it would therefore be ok? I fedexed mine on July 27th and it was received by USCIS on July 31st (not sure what ship date was) and my package was accepted (and I received my NOA's).

[lynamon 0]

If your petition was postmarked before July 30 you should not have to pay the new rate.

Send it back

From the American Immigration Lawyers Association:

AILA InfoNet Doc. No. 07082862 (posted Aug. 28, 2007)

If you receive a rejected petition or application on the basis of improper fees, please do the following:

1. Verify RECEIPT and POSTMARK date:

As a reminder, I-485s filed by "Aliens Whose Priority Dates Were Current Under the July Visa Bulletin" and their associated I-765s and I-131s were subject to the OLD fees until August 17. They must have been received by USCIS by August 17, 2007. Note that the NEW fees apply to I-140 petitions, even if filed concurrently with an I-485/I-765/I-131 packet. I-140 petitions concurrently filed with above I-485s were subject to the NEW fees effective July 30th.

All other applications or petitions are subject to the NEW FEES effective July 30th. These applications must be postmarked or entered into a courier service tracking system prior to July 30th for the old fees to apply.

2. If it appears to be an improvident rejection, resubmit the original application/petition to the Service Center with a brightly colored cover sheet along with proof of timely delivery/postmark stating:

ATTN: CRU SUPERVISOR - CASE IMPROPERLY REJECTED FOR FEES

Enclose a cover letter detailing what fees were enclosed and what date the case was postmarked and/or received.

I'm just curious though, if this says entered into a courier service tracking system prior to July 30th for the old fees to apply, wouldn't the fact that lynamon's was entered into the system on 07/28/07 it would therefore be ok? I fedexed mine on July 27th and it was received by USCIS on July 31st (not sure what ship date was) and my package was accepted (and I received my NOA's).

Thank you for giving me some hope

[Jasman0717 9]

I wonder if this is like HMOs, if you fight them you will eventually win

[CB82 0]

Thank you for giving me some hope

No problem. Good luck at your infopass appointment tomorrow. Fingers crossed you hear good news.

[blaize1 0]

I'm sorry you got your package back .. I'm still waiting for something .. I've made an infopass appt for Thursday.

I have a small question ... my Staples UPS receipt says:

Entry Date: 07/28/07

Ship Date: 07/30/07

and it was received 08/01/07. Is this proof enough that I sent it before the 30th?

I have the exact problem. I don't think that I should be penalized for this since the package was effectively mailed on the 28th. I have a certified mail receipt with the 07/28/07 date on it and I will be using it along with my purchase receipt. The USCIS does not advise anyone to use a particular service and UPS did not advise that the mail would not go out on the 28th. It is not right that the applicant gets penalized.

[rockrs2001 0]

Hi I hope this is on topic. I have a simple question for the right person.... I messed up my 1-495 and was denied, because of confusion in the medical papers. I filed a motion to reopen and it was dismissed because of a technicality of the motion (so much for us DIYers). Anyway, I just received the MTR dismissal paper today and I want to file the I-485s again. I believe there is no problem with my self or my wife or her 2 girls (the K1 and k2s). Is there any problem with filing the i-485s again as long as they are filed within 30 days of receipt fo the dismissal of the motion to reopen?

thankyou for your help,

-Rick

[Created 6]

Hi I hope this is on topic. I have a simple question for the right person.... I messed up my 1-495 and was denied, because of confusion in the medical papers. I filed a motion to reopen and it was dismissed because of a technicality of the motion (so much for us DIYers). Anyway, I just received the MTR dismissal paper today and I want to file the I-485s again. I believe there is no problem with my self or my wife or her 2 girls (the K1 and k2s). Is there any problem with filing the i-485s again as long as they are filed within 30 days of receipt fo the dismissal of the motion to reopen?

thankyou for your help,

-Rick

These are very important issues. I don't have any answers for you, but you should start your own thread to get as much views and answers as possible. You are hidden in here.

Sorry to hear your story...........good luck with finding the solution. VJ is an excellent source and you should be able to find the right advice here.

[SHELLYandFCO 0]

I'm sorry you got your package back .. I'm still waiting for something .. I've made an infopass appt for Thursday.

I have a small question ... my Staples UPS receipt says:

Entry Date: 07/28/07

Ship Date: 07/30/07

and it was received 08/01/07. Is this proof enough that I sent it before the 30th?

No, it is not. Your package was shipped the 30th, not before the 30th. UPS is not the US Post Office, so their receipt is not a post mark. You'll need to submit again with the full fee of $1010. I suggest you use a personal check, if possible. You'll then know when it was cashed.

Had you use the USPS, instead of UPS, on the 28th, you would have a leg to stand on. As it is, you don't.

The key is not necessarily the method shipment, USPS versus UPS, rather, the "postmarked PRIOR to July 30th" These applications must be postmarked or entered into a courier service tracking system prior to July 30th. What a bummer, off by one day!

[zqt3344 21]

I'm sorry you got your package back .. I'm still waiting for something .. I've made an infopass appt for Thursday.

I have a small question ... my Staples UPS receipt says:

Entry Date: 07/28/07

Ship Date: 07/30/07

and it was received 08/01/07. Is this proof enough that I sent it before the 30th?

Nope had to be postmarked prior to July 30.