Clarity and Strength in Immigration Law

Some I-485 Application for Permanent Residence Filings Rejected in Error

The American Immigration Lawyers Association (AILA) has just reported that several I-485 applications for permanent residence have been improperly rejected by USCIS. Apparently, on April 30th there was a processing problem that caused the incorrect receipt date to be applied to several employment-based I-485s. As a result of the incorrect receipt date, the packages were erroneously rejected due to the regressed priority dates. USCIS reports that it will contact each applicant by letter inviting him/her to re-apply. When a package is rejected by USCIS (in error or otherwise), the package includes the filing fee checks. Therefore, impacted applicants should not be required to pay two sets of filing fees as a result of this USCIS error.

Don’t have your I-485 rejected for real! The June visa bulletin shows retrogressed priority dates for many categories. Be sure to timely file your I-485 application for permanent residence if the priority date is current in May but will not be current in June. The application will be on hold until the priority date is current. However, USCIS should still process the application for the employment authorization document and the travel document, if you file now. If you need assistance filing your family-based or employment-based I-485 applications or petitions, please contact Attorney Emily Sumner at info@sumnerimmigration.com. We look forward to hearing from you!