One of the primary challenges encountered in immigration cases is how quickly USCIS must adjudicate all petitions. Under statutory requirements, USCIS must make a determination on whether to grant or deny any petition on any grounds specified and notify the petitioner within 90 days after receipt. Here are some tips for submitting your petition to immigration consultancy services in Vancouver, BC promptly and successfully.
Determination of Timeliness of Filing
In certain circumstances, petitioners may qualify for a filing fee waiver that allows them to submit the application without charging. A petition is considered timely when filed within the required time limit regardless of when the waiver request is approved or denied. An example is when filing I-130, Petition for Alien Relative; even if that waiver is denied later on, time starts running from the date of filing. Likewise, with I-907 (Immigrant Petition for Alien Worker), where there is usually an option to request a fee waiver on Form I-907.
Determining Whether or not the Case Is Eligible for Fee Waiver
U.S. Citizenship and Immigration Services (USCIS) must make a determination on whether to grant fee waiver requests within 60 days after receipt. If no, then the time for filing an application for postjudgment relief begins to run from that date, provided USCIS makes their determination within those 60 days. Conversely, if the petition is denied due to ineligibility for a fee waiver, that period begins running from that point forward.
Unlawful Presence and Advance Parole
Illegal immigrants who are eligible to receive a fee waiver and leave the US can do so and reapply under advance parole, provided they do so within an acceptable time. This will not impact their admissibility based on unlawful presence, provided all other requirements for admission have been fulfilled.
Determining How the Case Should Proceed if the Fee Waiver Application Is Denied
If USCIS denies a fee waiver request, the applicant must pay the application fee and submit Form I-912 and USCIS Form G-28. Furthermore, any additional required fees such as biometrics should be paid while there is still time.
How to Dispute a Denial of a Fee Waiver
If the fee waiver is denied, applicants can file an appeal with USCIS within 30 days. They must submit Form I-912 and Form G-28 in their appeal. If they still believe they are eligible for the fee waiver, applicants should indicate in their appeal that they would like a hearing before an immigration judge to determine their eligibility for the waiver.