http://www.greencardfamily.com/news/news2009/news2009_0613.htm
1. Question: At the last meeting, a number of attendees noted a very
high rejection rate for N-400 fee waivers submitted to the Lockbox.
USCIS committed to investigating the issues. Can you provide an
update? In addition, can USCIS confirm what guidance is being used in
the adjudication of these requests?
Response: We will complete a review this week of the discretionary fee
waiver process at our Phoenix and Dallas Lockbox facilities. As part
of our review, if USCIS determines that a previously denied fee waiver
request warrants review and approval as a matter of discretion, we
will send notices to individual applicants requesting that they
resubmit the fee waiver request with their N-400 application to USCIS
for processing. Such notices will be going out next week. Although the
review used existing guidance within Chapter 10.9 of the AFM, we
continue to review the guidelines for adjudicating discretionary fee
waiver requests and anticipate issuing updated guidelines in the
future.
2. Question: How are applicants informed if fee waiver requests are
approved, denied, or if there is additional information needed to
support a request? Is a Form I-797 (notice of action) generated that
reflects what the decision is with respect to the fee waiver request?
Response: If the fee waiver is accepted, the applicant with receive a
=93Receipt=94 notice that will state the application was received and is
in process. The Receipt notice also notes what payment was received
for the applications and if the amount is $0, the fee waiver was
approved. If the fee waiver is denied the applicant will receive a
Reject notice explaining that the application was rejected because no
fee was submitted as well as a G-1054 that states the Fee waiver
request was denied because the person was either not eligible for the
fee waiver or additional informational information is needed. It is
important to note if the fee waiver is rejected for other reasons,
such as no signature, the fee waiver request is not adjudicated nor is
a G-1054 included if an application is rejected for other reasons. The
reason for rejection would be on the Reject Notice. As a caution to
for any future submissions: if requesting a fee waiver, please do not
use red ink to state you are making a fee waiver request. The scanner
used at the Lockbox facilities does not pick up the red ink.
3. Question: Many clients use a "care of" address to receive their
mail, and even though we fill out the c/o line on the relevant form,
the c/o name often does not appear on mail addressed to the client.
Clients have had EADs and Form I-551s returned to USCIS as
undeliverable because the c/o name was not on the envelope. If a name
is placed on a c/o line, it should appear on all mail addressed to the
applicant. Please note also that some forms, such as the I-765, do not
have a s eparate line for a c/o name.
Response: In accordance with 8 CFR 103.2(b)(19), it is the practice of
USCIS to mail documents directly to the applicants or petitioners. If
the applicant's address includes a c/o line we do not delete it, that
is where the produced documents will be mailed.
4. Question: For several I-751 and I-129F petitions recently filed
with the Vermont Service Center, we have noticed that I-797 receipt
notices are only being sent to the applicant's representative. In the
past, with other Service Centers, both the applicant and the
representative have received copies of these notices. What is the
Vermont Service Center's policy on the issuance of receipt notices and
other correspondence when an applicant is represented by counsel? To
whom will these notices be sent?
Response: The Vermont Service Center does not have a separate
receipting policy. The two USCIS systems used for receipting the Forms
I-751 and I-129F have separate capabilities. The USCIS MFAS system
that the I-751 is processed in produces only one receipt notice. When
a G-28 is filed with the I-751, the attorney=92s address is prioritized
and will receive the only receipt notice. For the Form I-129F, the
USCIS CLAIMS system will print a receipt notice for both the I-129F
petitioner and their attorney, if a G-28 is filed.
5. Question: How do the Nebraska and Texas Service Centers view
marriages that take place in refugee camps which may not be registered
with the civil authorities of the countries where the camps are
located. For example, if a marriage takes place in a refugee camp in
Thailand and is conducted by the camp authorities, but is not
registered with the local District Office as is normally required of
marriages taking place in Thailand, will USCIS recognize the marriage
for purposes of an I-730 refugee/asylee petition? If so, what type of
evidence should be submitted (affidavits, photos)?
Response: The marriages could be valid for immigration purposes. In
the refugee context, the Service has previously taken the position
that the failure to formally perfect/register a marriage may not
invalidate the marriage for immigration purposes if the failure is
related to the flight from persecution. If the refugees are prevented
from registering their religious, tribal, or customary marriages with
the government due to circumstances beyond their control, and the
reasons are related to the persecution of this group, the marriages
may still be valid for immigration purposes.
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