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Ice on Immigration: ICE plagued by system delays 

By L. Patricia Ice, Featured Columnist

Question:  I sent my I-485 Application to Adjust Status to the Chicago Lockbox more than a week ago by United States Postal Service certified mail, but I have not yet received an I-797 Notice of Action "Receipt Notice" from USCIS.  Should I be concerned?

Answer:  Probably not yet.  The United States Citizenship and Immigration Services (USCIS) experienced a tremendous increase in the number of applications and petitions filed immediately prior to and on July 30, 2007, the day filing fees increased.  The number of applications resulted in a front log of cases awaiting data-entry into the USCIS computer system.  In a memo dated August 3, 2007, USCIS stated that the agency will honor the date the application or petition was actually received and that date will appear in the "Received Date" box on the Form I-797, Notice of Action.  The received date of form I-797 is different the from the "Notice Date" which also appears on the Notice of Action and identifies the date the receipt notice was actually generated.  On its website at http://www.uscis.gov/, the USCIS will provide weekly updates to give applicants accurate information about current receipt times and service level commitments.  I usually advise applicants to wait from twenty-one (21) days to twenty-eight (28) days from the date they mail their applications for their receipt notice to arrive in the mail before making inquiries about their cases.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice is a former Equal Justice Works Katrina Legal Fellow, focusing on immigrant family and employment issues in areas around the Gulf Coast.  Ms. Ice trains law students in the extern program of the Mississippi College School of law. She is also dedicated to immigrants rights advocacy, and serves as the Director of the Legal Project  of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006-2009 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.